3PB barrister Nicholas Leviseur in corporate governance case law: membership groups, terminating membership and an implied term
8th February 2019
Judgment was given last week in Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) by Mr Justice Popplewell. The case concerned a company limited by guarantee and, in the context of a decision to terminate a member's membership, an argument based on the existence of an implied term concerning the manner of the termination. The trial judge held that an implied term existed.
3PB public and regulatory law barrister Nicholas Leviseur – who represented the Claimant against the Company - stated :
“This case is fundamentally about fairness and how the courts strive to ensure that members who face allegations which are serious and reputational can expect to know what the case against them is about. It sets standards to ensure that those affected are given a chance to respond at all stages of a disciplinary process whether at investigation, sanction or appeal. It ensures that the rules of natural justice are applied even in the absence of specific fairness provisions. It brings together strands of company and contract law and judicial review to prevent companies sheltering behind outdated defences. This is an important decision that changes the way membership organisations must deal with their members."
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