Can a trade union sue for defamation?

Posted: 12/12/2024

Whether a trade union has the legal capacity to sue in the tort of defamation has been a matter of uncertainty for many years, with prior legislation failing to decisively put the issue to bed. However, the recent judgment of PROSPECT v Andrew Evans [2024] EWHC 1533 (KB), has finally brought some clarity to the issue.

In an article for the New Law Journal, partner Jeremy Clarke-Williams examines the tricky history of a trade union’s capacity to sue for defamation, considers the development in the law over recent years, and looks at the current position.

This practical analysis focuses on the following key points:

• the legal personality of a trade union and its treatment in case law and legislation;
• the impact of the House of Lords’ decision in Derbyshire County Council v Times Newspapers that a local authority has no standing to sue for defamation; and
• the recent judgment from the High Court in PROSPECT v Andrew Evans, and the significance of its conclusion that a trade union can sue for defamation.

Organisations which are not corporations or partnerships plainly have reputations distinct from their members or supporters. This clarification of the law is therefore an important development for charities and membership organisations in particular.

For an exploration of these points in more detail, and an analytical overview of the legal status of trade unions in the law of defamation, click here. For non-subscribers, please complete the relevant fields for access.

This article was co-written with Nathaniel Honey, paralegal in the commercial dispute resolution team.

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