Cases

North London Central Mosque Trust v Policy Exchange & Anor

Comment

This judgment leaves the law in what may be thought an unsatisfactory and irrational state. Members of unincorporated associations can undoubtedly bring claims in passing off to protect those associations' charitable or trading reputation or goodwill, so that the charitable trust here could sue to protect itself from an injurious association with, for example, another mosque that was accused of distributing extremist literature; yet the effect of this judgment is that if it is the charitable trust that is itself being (falsely) accused of distributing such literature, then it is deprived of any remedy. The judgment is also inconsistent with the cases on unincorporated trading bodies (partnerships) which make clear that although they are not legal entities their members can nevertheless bring defamation claims in respect of damage to the bodies' distinct reputations.

Areas of work

Defamation
Media Law

Also