Nagle v Feilden [1966] 2 QB 633 (CA)
Citation:Nagle v Feilden [1966] 2 QB 633 (CA)
Rule of thumb:What happens if despite being professionally qualified, your application to join a powerful professional association is refused? If there is no good & proper reason for your entry application to be rejected, the Court can declare that the association must let you join.
Judgment:
The Court in this case affirmed the ‘non-closed shop professional associations’ – it was confirmed that association law does not just cover interpretation the articles of the association’s constitution, rather it also covers entry and expulsion too. It was confirmed that there is a wider duty of care with association law - it does not just broadly cover contractual interpretation of the association articles. Whether membership of a trade association affects whether someone can work or not, or how much they can make, then entry into or expulsion from the association must be fair. If there is not fair entry into an association when someone has qualifications to be allowed to enter it, or someone is kicked out of the association for reasons that are not fair, then this constitutes a breach of association law. A declaration for entry into the association ,and, an injunction to prevent someone being kicked out of the association, are the remedies the Court provide against this type of broad breach of association law, Lord Denning 1/4 ‘We live in days when many trading or professional associations operate ‘closed shops’. No person can work at his trade or profession except by their permission. They can deprive him of his livelihood. 2/4 When a man is wrongly rejected or ousted by one of these associations, has he no remedy (against refusal of entry or expulsion from an association)? I think he may well have, even though he can show no contract. 3/4 The courts have power to grant him a declaration that his rejection and ouster was invalid and an injunction requiring the association to rectify their error. 4/4 He may not be able to get damages unless he can show a contract or a tort. But he may get a declaration and injunction’, Lord Denning
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.