How does that work? It the club does not have a legal identity, how can it get a bank account amd insurance and enter into contracts. I'm not doubting you, just puzzled.Another case that reaffirms the principle that a member of an unincorporated association cannot sue it.
Well, you can sue it but you cannot win.
Why is this so ?
An unincorporated association does not have a legal capacity or identity separate and distinct from it's members.
A member who sues the association is effectively suing themselves as they are suing an entity of which they are an integral and inseparable part.
Because the plaintiff in Doyle has established, on the evidence, that he was not a member at the material time he is free to sue the club.
Proving his case, on the merits, is another day's work.
WizardDr says rightly that a club member could be partly liable.
It could actually be worse.
If someone entitled to sue a club does so a plaintiff can effectively secure a joint and several judgment against the individual members.
Joint and several judgments can be executed in full or part against any one of those members.
If there is a failure of insurance cover this is a problem.
This case was highlighted at the management committee of our rugby club. It shows the importance of people paying their subs each year. There are lots of players (parents) at clubs around the country, who don't pay their subs. They play with teams and they use the club gym. This case has highlighted that the club is exposed for letting these players participate in games with the club.
I think you'll find that membership administration protocols in clubs affiliated to major sporting bodies have been tightened up considerably within the past 30-odd years in response to the above and similar cases.Based on the recent case it seems clear that an action for damages against members would succeed.
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