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01 November 2024 / Jeremy Clarke-Williams
Issue: 8092 / Categories: Features , Defamation
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Can a trade union sue for defamation?

This long-disputed question finally has an answer, writes Jeremy Clarke-Williams
  • Examines the legislation and case law that have affected the right of trade unions to sue for defamation, in particular relating to whether they are considered ‘quasi corporations’.
  • Sets out the facts of Prospect v Evans, which gave welcome clarity on the matter, ruling that trade unions can indeed bring a claim.

Whether a trade union has the capacity to sue for the tort of defamation has been a matter of some uncertainty for many years. Until 1971, unions were treated as ‘quasi corporations’, and this was regarded by the courts as bestowing sufficient legal personality to sue for defamation.

However, in Electrical Electronic Telecommunication and Plumbing Union v Times Newspapers Ltd [1980] QB 585, [1980] 1 All ER 1097 (EETPU), the union’s libel action was dismissed when it was held that the provision in s 2(1) of the Trade Union and Labour Relations Act 1974 (TULRA 1974) which stipulated that: ‘A trade union… shall

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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