[CHANCERY DIVISION]
JOHN v. REES AND OTHERS
[1968 J. No. 2692]
MARTIN AND ANOTHER v. DAVIS AND OTHERS
[1968 M. No. 2390]
REES AND ANOTHER v. JOHN
[1968 R. No. 2276]
1968 July 10, 11, 12, 15, 17, 18, 19, 22, 23, 24, 25, 26, 29;
Oct. 17, 18
Megarry J.
MeetingsChairmanPowersAdjournmentUnincorporated political associationAttempt by chairman to put to vote resolution not on agenda, against wish of majority of those presentResulting disturbancesPurported adjournment sine die by chairmanOfficers elected and resolution to disaffiliate from national political party passed after purported adjournment and departure of chairman and othersWhether business transacted after purported adjournment validWhether motion to disaffiliate validChairman's powers to adjourn meeting.
Natural JusticeOpportunity to meet chargePolitical partyRule empowering “disaffiliation of an organisation or expulsion of an individual”Whether excluding application of principles of natural justiceWhether principles applicable to suspensionSuspension of activities of constituency association and powers of officersRequirement of re-organisation of associationLeading dissident members required to give undertakings of loyaltyNotices of re-organisation meetings given only to members giving undertakingsValidity of meetingsWhether contrary to natural justice.
PresumptionLegalityRules of unincorporated associationNational political partyAffiliated local partyWhether national party's rules adopted formally or by usageMembers 1295joining no knowledge of national rulesWhether binding on members.
PracticePartiesRepresentative actionIndividual member of unincorporated association claiming personally and on behalf of all save three of members of associationMotion to strike out whole writ, or the claim for relief in representative capacityAffidavits by members not wishing to be represented by plaintiffWhether writ should be struck out wholly or in part R.S.C., Ord. 15, r. 12 (1) (3) (4) (5) (6). [1]

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