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21 March 2014
Issue: 7599 / Categories: Case law , Law digest , In Court
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Clubs

Speechley and others v Allott and others [2014] EWCA Civ 230, [2014] All ER (D) 89 (Mar)

In the course of a dispute about the management of a working men’s club, the claimant sought orders, including as to the validity of a meeting electing club officers. The judge held the meeting was valid, despite failure to comply with the club rules. The claimant appealed. Allowing the appeal, the Court of Appeal held that an election by acclaim or a show of hands, when the rules required a ballot, was not a failure of form rather than substance. Adequate notice of the business to be transacted at the meeting had not been given and the irregularities had not been mere matters of form. Accordingly, the president and the treasurer had not been validly elected. With respect to the committee members, the absence of nomination sheets for the three weeks preceding the meeting meant that the names of the candidates had not been publicised in advance of the meeting and there had been no opportunity to propose alternative candidates. That

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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