Hayes vs Pack and Others – High Court – [2025] EWHC 6 (KB) – Case Summary

Background

The High Court of Justice, King's Bench Division, presided over by Mr Justice Dexter Dias, delivered a judgment concerning internal disputes within the Liberal Democrats. The case involved Ms Josephine Hayes, who challenged her expulsion from the party, claiming breaches of the membership contract and issues with the party's governance.

Case Details

Ms Hayes, a barrister, represented herself, while the defendants, including Dr Mark Pack and others, were represented by counsel from DTM Legal. The dispute arose after Ms Hayes was expelled following a complaints procedure initiated by Dr Pack. The expulsion was contested on grounds of breach of contract and lack of independence in the complaints process.

Judgment Overview

The court examined two prior judgments by Master Armstrong, which Ms Hayes sought to appeal. These judgments had struck out parts of her claim and refused amendments to expand the relief sought. The appeals were considered together, with the court ultimately dismissing them on all grounds.

Legal Analysis

The court found that the complaints procedure's alleged lack of independence did not constitute a breach of the membership contract, as no such term was incorporated into the contract or the party's constitution. The court also rejected Ms Hayes's attempt to broaden the scope of her claim to address broader governance issues within the party.

Appeal Decisions

The court upheld the Master's decisions, emphasizing that the claim's nature was private and contractual, not a public law challenge. The court found no compelling reason to grant permission for the appeals, as the grounds lacked real prospects of success.

Implications

This judgment underscores the importance of adhering to the contractual terms and constitutional provisions of political parties. It highlights the limitations of private law claims in addressing broader governance issues within unincorporated associations.

Conclusion

The High Court's decision to dismiss the appeals reinforces the contractual nature of membership disputes within political parties and the necessity of clear constitutional amendments for changes to governance procedures.

Learn More

To understand more about the legal framework governing unincorporated associations and membership contracts, see BeCivil's guide to Shareholder Law.