The Law of Unincorporated Associations

by Stewart QC, Nicholas; Campbell, Natalie; Baughen, Simon

• ISBN13: 9780199600397
• ISBN10: 0199600392
• Format: Hardcover
• Copyright: 2011-12-17
• Publisher: Oxford University Press

Summary

Delivering a clear and precise statement of the law and comprehensive practical guidance this book addresses the formation, administration, and financial management of unincorporated associations and the commonly occurring problems that arise. As well as content on practical matters such as rules, committees, and registration of names, the book gives clear guidance on the classification of unincorporated associations and on distinguishing them from other forms of clubs. It also addresses disciplinary action against members, as well as both tortious and contractual liability and civil court procedure, providing a complete source of reference for those involved in advising all types of unincorporated associations. The appendices provide specimen sets of rules and procedure for disciplinary action giving practical guidance and equipping the reader with invaluable time saving tools. Outside of England and Wales, European Union policy has had a significant impact on the law relating to unincorporated associations, limiting the freedom to contract which originally governed the formation of interlinked contracts within these groups. The implementation of European Convention for the Protection of Human Rights and Fundamental Freedoms, along with related statues, has affected the right of membership to an unincorporated association and the manner in which a member may be disciplined for breach of rules. The book provides unique guidance on these changes as well as the impact of those affected by the Woolf reforms on disputes concerning unincorporated associations.

Author Biography

Nicholas Stewart QC is a member of Ely Place chambers and has sat as Deputy High Court Judge since 1992 (Chancery and Queen's Bench Divisions). He is an Appeal Board Chairman and Specialist Member of the Football Association Judicial Panel, and a previous member of the journal of the Union Internationale des Avocats.

Natalie Campbell is a qualified barrister and was previously employed as barrister to Steamship Insurance Management Services Ltd. She has experience of administrating a number of high profile unincorporated associations.

Simon Baughen is a Reader of Law at the University of Bristol and as a qualified solicitor practiced in maritime law as a claims adjuster at A. Bilbrough & Co Ltd.

Table of Contents

1. Nature of Unincorporated Associations
2. Formation of Unincorporated Associations
3. Ownership of Property
4. Termination of Association
5. Administration and Meetings
6. Disciplinary Action against a Member
7. Contractual Liability
8. Tortious Liability
9. Civil Court Procedure
10. Licences and Public Acts
11. Finance and Taxation
Appendices
Specimen Sets of Rules
Specimen Procedure for Disciplinary Action