Are you a club member? NB - Man can sue Dublin boxing club as he did not have member status, judge rules

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.
 
DirectDevil said:
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.
Click to expand...
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.
 
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.
 
@time to plan - the account being opened would have named people representing the club (could be trustees) and you would find that any credit exposure in relation to the club would be in the name of some individuals or guaranteed by them and the same with assets. These trustees carry a burden that they may not always be aware of. The insurance contracts would be to cover specific risks so the insurance company would know what they are covering.

The point the case was that the person injured was not a club member and could sue the individual club members and as @DirectDevil has summarised above there is the issue of joint and several liability. What this means is that while the impoverished like myself could not pony up members like yourself with deep pockets could be exposed now that the proverbial cat is well and truly out of the bag.

As @Steven Barrett says his club have realised that there are a number of non-payers who may have been club members availing of the clubs facilities and in the event of an incident now have recourse.

It is the greatest thing for club treasurers who can use it to up subscriptions.
 
Steven Barrett said:
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.
Click to expand...

A serious problem.

There was an interesting case on this point - Walsh -v- Butler & Ors (1997).
The plaintiff was a member of the club for which he played. He was something of a star on the pitch and in club activities.
He received an injury whilst playing and sued, inter alia, the club.
It seems that the plaintiff had not paid a subscription for the year in which the injury was sustained so he was not a member and was free to sue !!
Link to judgment of Morris J https://www.bailii.org/ie/cases/IEHC/1997/9.html
 
A practical solution in these litigious times is for unincorporated associations to convert themselves in to incorporated entities.
This will increase the chances of clubs being sued in negligence (because the so-called unity defence cannot be raised) but it would go a long way to protecting the membership of the club personally.

Also, remember one point that can cause confusion. If an individual club member is negligent in some act they are still personally liable for their tortious liability. E.g., a golfer striking a negligently reckless shot in close proximity to a group.
That is why your public liability insurance should have member-to-member cover to deal with this.
 
A brief additional observation on the rugby club scenario specifically.

AFAIK there is a personal accident type insurance in place that provides capital benefits where a player is seriously injured.
Suppose that a player sustains a catastrophic injury but he had not paid his membership fee for that season.
Does that means that the injured player is deemed not to be a member and thus falls outside the scope of the insurance ?
 
It would depend on how restrictive the Policy was. I recall a case with Bandon RFC where a player was injured was ruled not to be a member but:

"..The seminal case in this area, now 30 years old, is the case of Barry Walsh -v- Bandon Rugby Club. This case involved the Captain of Bandon Rugby Club at that time who was injured in 1990 representing the club and he subsequently initiated personal injury proceedings against the Club that he had played for and captained.Judge Morris heard a preliminary issue as to whether Mr Walsh was a Club member or not. Judge Morris ruled that the Rules of the Constitution for the Election of Members had not been adhered to in Mr Walsh’s case and he therefore was not considered a member of the Club. It was adjudged therefore that he was entitled to proceed with his action against Bandon Rugby Club. The substantive issue of the Plaintiff’s personal injuries was never adjudicated upon by the Court subsequently and was resolved privately following the determination of the preliminary issue.."

Based on the recent case it seems clear that an action for damages against members would succeed.
 
WizardDr said:
Based on the recent case it seems clear that an action for damages against members would succeed.
Click to expand...
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.

I know that in the GAA one does not lose club membership and GAA membership simply by dint of not paying the annual sub by a due date. If a member pays a sub even once, their membership is deemed to continue forever, although it can be terminated by expulsion or alternatively, presumably, by formally renouncing it.
 
Is there any requirement for a club to have an annual fee, or indeed any initial fee at all? If a club just asks for a once-off membership form but does not have a fee (costs covered by fundraising) are members then life members?
 
It would be whatever is contained in rules. In the Bandon RFC case the judge went through the requirements for membership and they had not complied with all the steps. So membership is generally by way of annual fee and/or reapplication (or not) but its whatever is in the Rules.
 
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