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Archive for the ‘COURT JUDGEMENT’ Category

#0238* – UKIP found guilty of homophobia and did not defend themselves

Posted by Greg Lance - Watkins (Greg_L-W) on 24/12/2010

#0238* – UKIP found guilty of homophobia and did not defend themselves!
.
Clean EUkip up NOW make UKIP electable! 
.
The corruption of EUkip’s leadership, 
their anti UKIP claque in POWER & the NEC 
is what gives the remaining 10% a bad name!
.
UKIP found guilty of homophobia and did not defend themselves!
As Perceived From A Tory Blog Viewpoint!!

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Hi,

an interesting summary of the mess created by Farage’s professionalism in his Party – as ever!
 

However I do find fault with the title:

UKIP found guilty of homophobia – because they forgot to defend themselves!

As surely it would be more honest and thus less misleading if it pointed out:

UKIP found guilty of homophobia and did not defend themselves

as clearly the title actually given implies they were not guilty but were found guilty due to their lack of competence and professionalism. Studying the evidence led The Judge found that Ms. Sinclaire had made a ‘well founded’ case. Clearly implying her case was convincing based upon the facts and evidence.


However vigerous UKIP may be after the event does not alter the fact that the case is ‘Well founded’ and is merely yet another act of unprofessional incompetence in throwing good money after bad defending  indefencible behaviour.

Rather embarrassingly for UKIP their pleading would seem to include a disregard and contempt for British Justice and a belief on their part YET AGAIN that The EU provides better law which YET AGAIN they will try to hide behind to flout British Justice.

The hypocracy of Farage’s Party is quite staggering and even now having displayed their incompetence we have their fools and mouth pieces snearing at the Courts and the plaintiff bringing UKIP yet further into disrepute. Just for a moment consider what a ghastly job a Farage Party would make if it was ever responsible for anything of consequence – though UKIP members may seek principled concepts and Farage may be a spokesman for such as a performer it is clear UKIP has no future without a competent leader of some ability rather than a strutting poppinjay bereft of morality, ethics or any Officer Qualities however loudly he may bray!

UKIP found guilty of homophobia – because they forgot to defend themselves!

UKIP LogoIn an act of sheer incompetence today UKIP have been declared guilty-by-default of homophobia after MEP Nikki Sinclaire lodged a complaint against the party and they failed to submit a defence. The openly lesbian MEP claimed she was unfairly expelled from the party after she refused to join its European Parliament grouping, claiming members of the Italian Lega Nord party were “homophobic”.

Nigel Farage and Godfrey Bloom were named as respondents in the judgement, which said that the claim of sexual discrimination was “well founded”.
UKIP blamed their failure to defend themselves on a “simple administrative error”. They have now submitted a request for the judgement to be set aside, and said that Farage and Bloom always intended to defend themselves “vigorously”  and wanted to challenge “every aspect” of Sinclaire’s claims.
The whole episode smacks of incredible incompetence. If UKIP were so determined to defend themselves “vigorously” then how on Earth could they have forgotten the deadline?! Amateurish does not even begin to describe it. If they are to be taken seriously as a party they need to vastly improve themselves and get professional.
The problem may lie in their low membership, giving them a very small pool of talent. You only need to look at the quality of some of their MEPs and past parliamentary candidates to perceive them as a party of eccentrics: people who know what they believe but couldn’t run a bath let alone a country.
Hopefully as more right-wing Tories inevitably defect the talent pool will grow and they will start to produce more serious candidates. Most of the members I’ve met seem solidly Eurosceptic, but some take it to such fanatical extremes that they lose all sense of proportion and end up doing and saying foolish things. Criticising the Queen because she did not veto government legislation over Europe is one such absurd view I’ve heard.
For the moment, despite their high number of MEPs, UKIP remain a party with a few talented individuals, but mainly eccentrics, kooks and anti-EU fanatics. More genuine conservatives should defect over to the party to give it a real appeal and keep down the sorts who miss court deadlines or call the monarch a “German bitch” for not defying centuries of convention and vetoing parliament’s legislation.

The Eurosceptic movement needs it!
To view the original article CLICK HERE

Interestingly it will be noted that Nikki Sinclaire actually resigned from The EFD with the full approval of her issue of principle by UKIP’s puppet leader Malcolm Lord Pearson as sjhe had stated clearly her desire not to be assicuiated with Nigel Farage’s Pan EU Political Party Group Ther EFD on the grounds of their extreme racism, xenophobia, Holocaust denial and anti Jewish behaviour as manifest by its leading members.

As I recall no mention of Homophobia was mentioned until some 2 months later when UKIP leadership made much of Nikki Sinclaire’s perversion as a homosexual were claimed to be her reason.

It will be noted that although openly stated to be a homosexual as the perversion is totally legal Sinclaire has always rejected the concept of making capital or status from her homosexuality. Including having refused to be associated with any homosexual grouping within UKIP claiming there should be no such grouping as all members should be treated equally. This is a principle on which she has made a public stance as on the media programme ‘Queer Question Time’ when on the matter of violence against homosexuals should be addressed she rather upset some by saying all violence should be addressed equally with no preference to protect homosexuals.

UKIP’s position is completely untennable as shown by the Judge in his statement that Sinclaire’s claim was ‘well founded’ and clearly it is as membership of The EFD is ultra vires to UKIP’s own constitution yet UKIP claim Sinclaire was dismissed the whip and victimised for refusal to sit with the morally reprehensible EFD of which Farage has chosen to be a member for his party – remember this WAS AGREED as a laudable stance by Pearson!

A further sabotage to UKIP, Farage & Bloom’s wrigglings by way of defence would seem to be the fact that Mike Nattrass MEP likewise refused to sit with The EFD yet he has not been in any way penalised by Farage’s Party leading any right minded individual to seek the difference between Nattrass & Sinclaire under the circumstances and thus it is reasonable to assume Farage orchestrated removal of Sinclaire based unlawfully on prejudice as an homosexual and or as a woman..

~~~~~~~~~~#########~~~~~~~~~~
 
 INDEPENDENT Leave-the-EU Alliance

&
Work With THE MIDNIGHT GROUP to
Reclaim YOUR Future 
&
GET YOUR COUNTRY BACK
Write Upon Your Ballot Paper at EVERY election:
(IF You Have No INDEPENDENT Leave-the-EU Alliance Candidate) .
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Posted by: Greg Lance-Watkins
tel: 01291 – 62 65 62
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Posted in COURT, COURT JUDGEMENT, Godfrey BLOOM UKIP MEP, Nigel FARAGE MEP UKIP, Nikki SINCLAIRE MEP, Tory | Leave a Comment »

#0236* – Nikki SINCLAIRE TRIES TO CLARIFY for UKIP MEMBERS

Posted by Greg Lance - Watkins (Greg_L-W) on 23/12/2010

#0236* – Nikki SINCLAIRE TRIES TO CLARIFY for UKIP MEMBERS!
.
Clean EUkip up NOW make UKIP electable! 
.
The corruption of EUkip’s leadership, 
their anti UKIP claque in POWER & the NEC 
is what gives the remaining 10% a bad name!
.
Nikki SINCLAIRE TRIES TO CLARIFY for UKIP MEMBERS!
CLEARLY UKIP IS UNFIT for OFFICE & HAS CONTEMPT for BRITISH COURTS & JUSTICE!
A COMPLETE FAILURE of ETHICS, INTEGRITY, MORALITY or PROFESSIONALISM by UKIP!

.

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An update on the Tribunal hearing.

UKIP, Farage and Bloom have applied to the Tribunal to have the judgement ‘set aside’ on the basis of an administrative error. That all three forgot they had to reply to the claims against them and there was a mix up in all three of their diaries. The ET rules were recently changed allowing respondents 28 days rather than 14 days to reply to allow for due consideration etc.

I note that Nigel was elected under the banner of professionalising the party and the new Party Secretary, Michael Greaves, a Barrister admits to have been at fault here.

The Tribunal Judge has decided not to accept their application without hearing their application IN PERSON and a hearing will be scheduled in due course. The rules state that at least 14 days notice must be given for a hearing. Therefore, currently the Judgement remains in force and the Remedy hearing postponed.

As this hearing will heard due to the negligence of UKIP, Farage and Bloom; they will be expected to pay the costs of all sides in full.

 
To see the original of this article CLICK HERE

No matter howmuch the proven dishonest like Skeptyk, Denny, McGough, Croucher and the like or fools like Baron, Stuart Parr or their like lie, distort and spin it is clear that their masters have yet again been ‘out to lunch’  when having made complete fools of themselves they had a duty of care to UKIP Members to ensure they resolved the mess their utterly unprofessional and crass behaviour had caused.


I must say I find it interesting that Michael Greave is portrayed by UKIP as Party Secretary yet they fail to show he is a Barrister which to me is a step beyond unprofessional into the realms of dishonesty having lied by omission in the most unprofessional manner.


Further it is interesting to note that UKIP’s Party Secretary is listed as a Civil Servant of The EU assigned to The EFD which is quite clearly a malevolent, malign racist, xenophobic and anti Jewish Pan EU Political Party Grouping that advocates and practices ilegal violence and several of its members have been incacerated for their criminal activities as with Holocaust Denial and overt support for The Nazi practices of the Germans!

We now find the Civil Servant Michael Greave a Barrister acting against an elected politician in a Court of law and acting for the defendant in a particularly odious display of unlawfull prejudice!

Perhaps we should not be surprised that The EU would thus corrupt the concepts of Justice nor in fact can it be seen as surprising that UKIP, which is ostensibly elected to OPPOSE Britain’s membership of The EU, is yet again seeking to use EU law to protect it from the consequences of their offences as perceived by British Courts.

UKIP leadership has a well proven track record of moral bankruptcy and contempt for British Justice and the Courts of Britain!

This is supposedly the professionalism promised by Nigel Farage to get himself elected!

Perhaps Michael Greave should consider his position if not in strictly legal terms at very least in moral terms where I would opine his position is utterly untenable – those who may wish for more detailed excuses might care to ‘e’Mail Michael Greaves wearing one of his seemingly conflicting ‘hats’ at:
Michael.Greaves@Gmail.com 
or call him if more convenient – on his mobile on: 0774 – 8632 806


One notes that the media, without exception, would seem to side with the Plaintiff and the judges decision – little is altered by the application for set aside – seemingly on the grounds of contempt for British Justice & the British Courts and founded on dishonesty and staggering incompetence.


Based on track record we can now, I presume, expect lies, distortions and abuse to be poured on my head for having had the temerity to publish the facts that I have been able to ascertain as I believe them to be.


On precedent we can expect desperate attempts at character assassination by the odious liars and cheats and as ever desp[ite the banshee screeches Skeptyk, McGough, Croucher, Stuart Parr, Douglas Denny and the revolting and dishonest claque of UKIP’s leadership will utterly fail to identify a single consequential inaccuracy in my postings – That will of course not prevent their lies and abuse nor the hopeless inadequate Anthony Butcher bowing to their demands and providing a platform for their defamation, for their lies and for their idiotic wrigglings.


Like maggots on a corpse where Butcher provides that rotten platforrn and they the decay and stench that surrounds UKIP’s leadership.


So due to Farage’s ‘professionalism’ not only has UKIP broken the law, it now acts without morality displaying contempt for Britain’s values, Courts and Justice. Increasingly it seems UKIP is a part of the problem but has no place in the solution for lack of moral, competent, honourable leadership EVER.
.

~~~~~~~~~~#########~~~~~~~~~~
 
 INDEPENDENT Leave-the-EU Alliance

&
Work With THE MIDNIGHT GROUP to
Reclaim YOUR Future 
&
GET YOUR COUNTRY BACK
Write Upon Your Ballot Paper at EVERY election:
(IF You Have No INDEPENDENT Leave-the-EU Alliance Candidate) .
to Reclaim YOUR Future 
&
GET YOUR COUNTRY BACK
Posted by: Greg Lance-Watkins
tel: 01291 – 62 65 62
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Posted in Contempt, COURT, COURT JUDGEMENT, Douglas DENNY, Holocaust Denial, Mark CROUCHER, Michael GREAVES, Nigel FARAGE MEP UKIP, Nikki SINCLAIRE MEP, Skeptyk | Leave a Comment »

#0194* – Hardy vs Parkin & UKIP: UKIP BANG TO RIGHTS IN COURT – AGAIN!

Posted by Greg Lance - Watkins (Greg_L-W) on 18/11/2010

#0194* – Hardy vs Parkin & UKIP: UKIP BANG TO RIGHTS IN COURT – AGAIN! !
.
Clean EUkip up NOW make UKIP electable! 
.
The corruption of EUkip’s leadership, 
their anti UKIP claque in POWER & the NEC 
is what gives the remaining 10% a bad name!  
.
Hardy vs Parkin & UKIP: UKIP BANG TO RIGHTS IN COURT – AGAIN! – 
UKIP YET AGAIN SHOWS CONTEMPT FOR THE LAWS OF THE LAND!! <!–var googleUrl="/telegraph/template/ver1-0/templates/fragments/search/components/google/GAFSTransform.jsp?";function doneGAFShtml (htmlstr) { //alert(htmlstr); htmlstr = htmlstr.split("<").join("”).join(“>”).split(“&”).join(“&”); var parts = htmlstr.split(“[BREAK]”); var slot1 = document.getElementById(“gafsslot1”); var slot2 = document.getElementById(“gafsslot2”); if (parts[0] != null) { slot1.innerHTML=parts[0]; if (parts[1] != null) { slot2.innerHTML=parts[1]; } }}function initGoogleWS () { var ajaxgws = new AJAXInteraction(googleUrl+’q=%22tim+Congdon%22&ua=Mozilla%2F5.0+%28Windows%3B+U%3B+Windows+NT+5.1%3B+en-US%3B+rv%3A1.9.1.10%29+Gecko%2F20100504+Firefox%2F3.5.10+%28+.NET+CLR+3.5.30729%29&ip=81.129.95.33&p=’, null, doneGAFShtml); ajaxgws.doGet();}initGoogleWS();//–>

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Hardy V Parkin & UKIP: The Full Court Judgement

Why does The Spiv Farage still think that UKIP is above the law? 
We note from the OFFICIAL JUDGEMENT:

Therefore I conclude that the NEC did consider Mr Hardy’s individual case in March and decided that his former membership of the BNP was no obstacle to his membership of UKIP continuing. That is hardly surprising in view of the warmth with which Mr Hardy had been welcomed into the UKIP fold from the BNP not least from Mr Farage.

John West beat them in Court. 
Greg Lance-Watkins beat Mark Croucher, Paul Nuttall, Clive Page of UKIP in Court. 
Censure from The Information Commission who found against UKIP.
Nikki Sinclaire beat UKIP in Court & was reinstated & compensated!
Michael Holmes was compensated & withdrew his money.
John Wittaker was defined as untrustworthy in Court by the Judge & lost the employment case.
UKIP lost in Court & were forced to forfeit for accepting illegal donations from Alan Bown. 
They treat Nikki Sinclaire like dirt, Lord Pearson lied about her, Christopher Gill instructed theft from her offices, John Ison seemingly planted material as ‘time bombs’ in her accounts and when he left mysteriously he did not seemingly leave empty handed! Sinclaire as an MEP having been lied about and defamed by these gutter slime they then seem surprised when she refuses to let them get away with it. 
Would you trust Farage’s Fan Club to run the country when clearly his claque UKIP can’t act honourably, settle their debts or even respect the laws of these United Kingdoms as they enrich themselves undermining British values and our Courts as they stuff their pockets and each other at the expense of Patriotism, the electorate and liberty?
We note they will assist any scum in EUrope as long as they personally make money out of it and angle and fiddle for positions in other parties risible as their overtures may be – who would want the sweepings of scum from Farage’s UKIP?
Agnew, Bannerman, Clark as openly recorded theives are not alone. The treacherous pond life Tom Wise only half way through a 2 year jail sentence for his thefts from the public purse is now out on license.

Just read the judgement of His Honour Judge P Fox QC,The Recorder of Middlesbrough against Farage’s UKIP where as you can see he clearly castigates Farage, The NEC, Lisa the Duff, the risible little Jonathan Arnott, the puppet & placeman Gordon Parkin & of course UKIP who lost the case YET AGAIN.

I wonder if The Edisbury Constituency and the behaviour of UKIP there, the bullying & abuse of George Yoxall, will be next in the Courts as UKIP shuts and amalgamates branches as it collapses as a credible force in British politics.

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MIDDLESBROUGH DISTRICT REGISTRY

CASE NOS. 9MB03865
AND 0MB00631

BETWEEN

ALAN HARDY (CLAIMANT)

AND

GORDON H. PARKIN (DEFENDANT)

……….

ALAN HARDY (CLAIMANT)

AND

UK INDEPENDENCE PARTY LIMITED (DEFENDANTS)

JUDGMENT

1. This is a consolidated action for damages and for a declaration that the Claimant’s purported expulsion from membership of the United Kingdom Independence Party is null and void.

2. As I shall explain, the narrative of the matter of complaint covers two episodes; hence two actions until they were consolidated by Order. The first episode concerns the actions of Mr Gordon Parkin who at all material times was, as he remains, Branch Chairman of the Stockton on Tees Branch of UKIP as I shall call the Party; the second episode concerns the actions by officers of the Party in their central organisation. Because the Claimant has at no time been represented by solicitor or counsel and because the point emerged only in the course of the Defendants’ counsel’s closing submissions I allow the Claimant to add as a defendant in the consolidated action Stockton on Tees Branch of UKIP. The reason for and significance of this will become apparent.

3. Essentially this is a hard fought political dispute in Stockton on Tees between Mr Hardy, supported by others some of whom have given evidence before me, and Mr Parkin the constitutionally elected Branch Chairman, no doubt with his supporters and apparently backed by the central organisation. In a nutshell Mr Hardy accuses Mr Parkin of being incompetent; dishonest and self seeking in his political ambitions so that the interests of UKIP are thereby ill served. Mr Parkin denies all this but accuses Mr Hardy of being so disruptive a member that it was impossible for the business of the branch to be done, as well as dishonesty in his attempts to unseat Mr Parkin from his position. Thankfully none of these matters is the concern of this Court which is able to determine the legal issues between the parties on a factual basis virtually of common ground, by which I mean an undisputed history of events and correspondence. I would add however, before turning to such uncontroversial territory, that having seen and heard Mr Hardy as his own advocate in these proceedings as well as a witness, and Mr Parkin as a witness, and given that the dispute between the two men is political, a subject invariably both powerful and sensitive in its nature, it is not difficult to see how temperamentally they could never work together in harmony. Mr Hardy is forceful of manner and frequently irrelevant in speech: Mr Parkin is quietly dogged and determined.

4. The following is, however, not in dispute and page numbering is with reference to the agreed trial bundle. For some time until he resigned in June 2005 Mr Hardy had been a member of the British National Party (BNP). In February 2007 his application to join UKIP was accepted. He became a member of the Stockton branch and was quickly active as such becoming its Press Officer as well as putting himself forward as a potential parliamentary candidate. Although unsuccessful in this latter ambition (Section 2 page 29) he received the commendation of UKIP’s head office in the former (Section 2, page 35). The significance of this factually is the actual knowledge which head office officials had of Mr Hardy’s former membership of the BNP, as also had Mr Nigel Farage MEP as may be seen from his correspondence with Mr Hardy (Section 2, page 26).

5. The date for membership renewal on payment of the appropriate subscription was 1st February each year. Mr Hardy’s membership was renewed in 2008 and 2009. Yet by this latter date all was not well within the Stockton branch. Indeed trouble had been brewing for some time. As early as 8th November 2007 Mr Hardy resigned his post as Press Officer and by letter of that date (Section 1, page 26.43) wrote to Mr Parkin that he would not serve “the branch in any post so long as you remain as chairman”. At some time during the winter of 2008/2009 a dispute arose as to whether Mr Parkin had distributed leaflets to each house or sufficiently on the Roseworth housing estate so that Mr Hardy and his supporter Mr Himmelblau conducted a partial enquiry door to door which in turn Mr Parkin dubbed inadequate and misleading. This issue led to cross accusations of lying.

6. On 8th January 2009 as Mr Himmelblau told me, and I accept, he and Mr Hardy met Mr Parkin by arrangement at the Central Library, Stockton and on grounds of incompetence and the fact that the membership was not increasing in size from a handful or so they asked Mr Parkin to stand down as branch chairman. He refused.

7. Branch meetings were approximately monthly. That for January 2009 was minuted (Section 1 page. 26.3) and held on 20th. That for February 2009 was held on 17th and as it was not minuted there is no record of the minutes for January being approved. There is only the notation (Section 1, page 26.7), “Minutes verified by GP before issue”. GP plainly refers to Mr Parkin and his perspective of that meeting and Mr Hardy’s part in it is clear. Worse was to follow because on 17th February the caretaker of the hall hired for the meeting of that date broke the meeting up and asked everyone present to leave the building on account of raised voices. Mr Hardy and Mr Parkin had each called the other a liar. The row was of such proportion that the building’s owners did not permit the Branch to return for a period of months.

8. On 10th March Mr Parkin wrote to all branch members (Section 1, page 26.20) that “Due to high campaign activity and the loss of our meeting venue we have decided that there will be no branch meeting this month……….. . Matters that were raised at our last meeting and are of concern to members are being dealt with and a report will be issued as soon as is practical”. Mr Parkin told me that “ we “ meant “I”.

9. From 29th March to 26th June Mr Hardy was in Saudi Arabia, teaching. Meanwhile, Mr Parkin having consulted a Mr Allison, UKIP’s regional organiser who had in turn passed the problem to Head Office, the Party Chairman Mr Paul Nuttall wrote to Mr Hardy on 30th March (Section 1, page 26.33) inviting him to meet the General Secretary, Mr Arnott, and himself on 14th April. Naturally Mr Hardy did not and could not either receive that letter in time or attend the meeting. Yet from his reply (Section 1, page 80A) it seems very doubtful that he would have gone if he could. Of significance however, in my view is the reply Mr Hardy received from Head Office (Section 2 page 33), “I have decided that this office had better things to do and henceforth will have no further dealings with you”.

10. Upon his return from Saudi Arabia and on 4th July Mr Hardy e-mailed the new Branch Secretary, Dr. Goyns (Section 1, page 26.56) asking him to telephone him. On 8th July Dr Goyns replied (Section 1, page 26.57) that on Mr Parkin’s advice, “it would be inappropriate for me to meet with you”. On 24th August Mr Hardy was writing to Mr Parkin (Section 1, page 26.18). On 11th September Mr Parkin wrote to Mr Hardy (Section 1, page 79), “I feel it is time I must set this matter to rest…..I have decided on the following actions …. you will no longer be permitted to attend any branch meeting of which I am Chairman”. His reasons were that Mr Hardy had brought the January and February “meetings into disrepute”, that at the February meeting his “actions and outbursts created an embarrassing situation which led to the eviction from that venue and the prevention of our return “, that he and his “colleagues decided to withdraw your support from UKIP in January of this year at both local and national levels” and that in his, Mr Parkin’s, opinion that was disloyal. He concluded, “I strongly recommend that you withdraw from the membership of the party forthwith…… . I have advised the branch secretary not to enter into any further communications with you…… . Should you wish to take the matter further then your only option left is to go through head office”. When he wrote this letter Mr Parkin told me he was aware that Mr Hardy had by then returned from Saudi Arabia. From the e-mails between Mr Hardy and Dr. Goyns it seems to me that Mr Parkin must have known that from early July.

11. There the matter lay until membership renewal time came round. Mr Hardy was not sent a renewal form from Head Office as was usual. He wrote on 30th January 2010 and 11th February (Section 2, pages 7 and 8) sending his subscription. On 19th February Lisa Duffy, Party Director, replied (Section 2 page 16) that when Mr Hardy left the BNP “to rejoin UKIP the National Executive Committee was not informed – as it should have been – and it was therefore unable to consider your re-application. This was an administrative error …… . In the circumstances I feel that before your membership is renewed the NEC must be given a proper opportunity to fully consider the matter. I am therefore referring this to the next meeting of the NEC and in the meantime am returning your £10 membership renewal cheque”. On 23rd March Mrs Duffy wrote again (Section 2 page 17) that the NEC had considered the matter and “would have no objection to your membership should you choose to apply”.

12. This is at serious variance with the content of a memorandum dated 8th September (Section 2, page 54) from Mr Arnott, UKIP General Secretary, addressed “to whom it may concern”. Its first paragraph plainly refers to Mrs Duffy’s letter of 23rd March. It has not been suggested it refers to any other. Her letter makes no mention of internal disciplinary proceedings being commenced immediately upon Mr Hardy accepting her invitation to re-apply and I have received no evidence that he was so informed. The second paragraph about there being 3 months grace for renewal and that thereafter “Mr Hardy would be treated in the same way as a new membership application” appears again without there having been evidence of any general notice of such a rule or specific notice of it to Mr Hardy. It is to be noted this document is dated only weeks before this hearing. The third paragraph needs citing in full: “It is the policy of the UK Independence Party not to accept membership applications from former BNP members and activists; any new application for membership from Mr Hardy would therefore now be rejected on those grounds”. Mrs Duffy, whose evidence I find to be honest and accurate, tells me that the position is as follows. In November 2009 when she was a member of the NEC, which was until she assumed her present full time post as Party Director, that body made a policy decision that henceforth applications to join UKIP from people who had been members of the BNP should be referred “to the NEC for approval”. This was because there had been “infiltration” from a date in 2008. I infer she meant deliberate infiltration as fifth columnists in order to disrupt the work or besmirch the reputation of UKIP. This would be consistent with her letters to Mr Hardy in March the contents of which she tells me, and I accept, are true.

Therefore I conclude that the NEC did consider Mr Hardy’s individual case in March and decided that his former membership of the BNP was no obstacle to his membership of UKIP continuing. That is hardly surprising in view of the warmth with which Mr Hardy had been welcomed into the UKIP fold from the BNP not least from Mr Farage. There has, moreover been not the slightest suggestion made during this hearing that Mr Hardy has turned his political coat once again. I have no choice therefore but to hold Mr Arnott’s memorandum as a deliberate contrivance to exclude Mr Hardy from membership of UKIP and to do so on spurious grounds.

13. Moreover Mrs Duffy tells me, and I accept, that her second letter to Mr Hardy was badly worded and the meaning ordinarily to be attributed to her words does not reflect the true position which was not that Mr Hardy would need to re-apply for membership but that if he would send her back the cheque she wrongly returned to him his membership would continue seamlessly. I take it she now realises her words conveyed a different and adverse impression. Clearly they did in the mind of Mr Hardy and understandably so in the context of what had already passed. It was hardly to be relieved by Mr Arnott’s general communication.

14. Thus on these facts I have no hesitation in finding that in effect both Mr Parkin and UKIP purported to expel Mr Hardy from the membership of branch and party. Was either entitled in law so to do?

15. Although no reference was made to either document during the evidence, during his final submissions Mr Holland, counsel for both Mr Parkin and UKIP, and upon taking instructions, also for the Stockton Branch sought to rely upon UKIP’s written constitution and the Branch’s rules to be found at Section1 pages 66 and 71 respectively in the agreed bundle. No point was taken regarding this by Mr Hardy nor do I think could there be. The following points of fact emerge:

(1) That the party is authorised to raise funds, purchase property and invest
monies (clause 3) – it is therefore in law a proprietary club;

(2) that membership is open to people who are not members of any other
political party which the NEC has declared incompatible with membership
of UKIP (clause 4.1), that if such a member of UKIP subsequently joins
such a party his membership is automatically revoked (clause 4.2), that if
a UKIP member is a member of such a party such a person will be given
28 days to leave that other party (clause 4.3), that members must maintain
their subscriptions (clause 4.4.), that members shall accept the party’s
Constitution and rules and do nothing to undermine the party’s reputation
or bring it into disrepute, or act in a way intending to cause or causing damage
to the party’s interests (clause 4.5);

(3) that by clause 4.6 upon which Mr Holland places particular reliance,
where constituency associations are established membership shall be of that
association and by affiliation of the association then of the party – there is
no issue but that the Stockton Branch equates to a constituency association
for this purpose;

(4) that by clause 5.3 the constituency association has the responsibility
for administering its own financial and other affairs subject to the constituency
rule book approved by the NEC – Mr Holland here submits that the Branch
was and is for present purposes “autonomous” so that the party is absolved
from the potential liability in this matter of either the branch or its chairman – a submission I have difficulty in accepting; it is not in issue but that the branch was affiliated to the party. Branch membership must then be membership “of the party” as well as of the branch.

(5) that by clause 14 the party shall establish a discipline committee;

(6) that by clause 15 the NEC shall establish the rules governing
constituency associations, disciplinary procedures and all other rules and
procedures forming part of the formal management; conduct and
administration of the party.

(7) that the branch rules should be read in conjunction with the party constitution which shall take precedence;

(8) that all party members are members of the branch in which they live (rule 2.1) – Mr Hardy lives and has at all material times lived in
Stockton;

(9) that Rule 3 is entitled Branch Committees

(10) that “branches are responsible for their own actions “rule 3.1) – a provision further relied upon in support of the autonomy argument;

(11) that the chairman “has principal responsibility of the direction of the branch” (rule 3.8.1)

(12) that rule 7 is entitled “Disputes”;

(13) that by rule 7.1 “instances may arise when differences within a branch threatens its proper functioning. Every effort shall be made to resolve these at the local level, either by branch committee or at a full meeting of the Branch. If this does not succeed the dispute shall be referred to the regional organiser acting on behalf of the party chairman “- it is impossible to think of what transpired within the Stockton branch as other than a dispute but I have heard no evidence
from any member of the branch committee, directly or indirectly or of its involvement in this matter – likewise there has been no evidence of a full meeting or for that matter any meeting of the branch attempting to resolve this dispute;

(14) that by rule 7.2 if the dispute remains irreconcilable the party chairman may suspend or dissolve the committee or dissolve the Branch in its entirety.

16. Mr Holland submits that the law of contract is to be applied. With that I agree – next that as the constitution does not provide for expulsion the Branch rules are to be applied and where they are silent as to procedure the rules of natural justice and that of a fair trial are to be applied, and where this last applies the claimant needs to prove that his case was dealt with by a reasonable and proportionate response in all the circumstances of the case. Again I agree that the constitution does not provide for expulsion in the particular circumstances of this case although I find clause 4.1, 4.2 and 4.3 are not without relevance when I come to consider Mr Arnott’s general memorandum of 10th September this year. In fact such reliance upon Mr Hardy’s former membership of the BNP is in the whole context of this case patently a fig leaf the removal of which discloses an urgent desire to expel Mr Hardy at any price. Clearly Mr Arnott had no regard for this clause had it been a real reason to expel. Save for this consideration which is not without its own significance overall I accept Mr Holland’s argument so far.

17. So he contends Mr Parkin’s banning letter of 11th September 2009 was an action he was authorised by rule 3.1 to take particularly when regard is had to his “principal responsibility for the direction of the branch” under rule 3.8.1. Thus the argument runs Mr Parkin had legitimate power so to regulate branch meetings and in doing so what he did was within a reasonable and proportionate range of actions open to him. It is not for this Court, he submits, to prefer an alternative, particularly with the advantage of hindsight which is within such a range. With this last proposition I entirely concur.

18. Yet applying these principles of law as well as the ordinary meaning to be attached to rules 3.1, 3.8.1 and rule 7 (disputes) it seems to me that Mr Parkin did not have the power to act as he did and wholly failed to invoke rule 7. I do not underestimate the real difficulty of chairing a meeting attended by such a strong opponent as Mr Hardy and he could not in my judgment have been criticised for suspending one or any number of meetings summarily, nor for invoking the rule 7 disputes procedure with regard to all or any of Mr Hardy’s complaints. But instead he appears to me to have acted autocratically, taking sole not principal responsibility even if, which I doubt, the proper meaning of the phrase “direction of the branch” includes doing what he did by his letter of 11th September 2009. That speaks for itself and Mr Parkin has not suggested any alternative construction. It was his decision and his alone to banish Mr Hardy from branch meetings. That act effectively at least suspended Mr Hardy’s membership and although a less stringent test is applicable in law compared with expulsion the principles are the same and in my judgment even suspension in such terms, being for at least as long as Mr Parkin remained branch chairman, was for the same reasons as I have already provided in the context of expulsion, without authority, unreasonable and disproportionate. There is no evidence whatever of his having convened a meeting of either the branch committee or of the whole branch to consider the question of Mr Hardy’s suspension or expulsion. Plainly in March he involved Head Office but by July they seem to have left him high and dry. By September he was on his own. The letter of 11th was his and his alone, without further consultation and without giving Mr Hardy a reasonable opportunity to put forward any case of his own as to why he should not be suspended or expelled. He appears to have been both prosecutor and judge in his own cause.

19. The effect of such an act is compounded by the impression unwittingly given by Mrs Duffy but unambiguously pronounced by Mr Arnott by his general message of 10th September. The only inference sensibly to be drawn is that the senior party officers were backing and reinforcing Mr Parkin’s act and were not having Mr Hardy back.

20. Part of the “factual matrix”, as Mr Holland puts it, in my consideration of this matter is he concedes that unlike other kinds of proprietary clubs such as an allotment association or a tennis club the UKIP party is the only political party available to Mr Hardy, given his particular political views and allegiance, that the Stockton branch is the only branch to which by reason of his place of abode he could belong, and further unlike other activities of a sporting or other recreational type, political activity so long as it is conducted within a democratic framework carries its own special importance. Such considerations are in my view germane not only to the question of compensation but also to that of being treated fairly, reasonably, proportionately and in accordance with the branch rules. In each respect I find Mr Parkin, UKIP and the Stockton Branch on whose behalf to the last Mr Parkin has, through Mr Holland, maintained he exercised lawful authority, to have failed so to do. Each party is therefore in breach of his and its contractual duty to Mr Hardy.

21. I therefore hold that their purported expulsion of Mr Hardy to have been null and void and upon his payment of his £10 membership subscription for the current year his membership of the party and the branch continues uninterrupted both to the present day, and until either by lawful means he is expelled or otherwise resigns or retires.

22. Before turning to the matter of compensation and for the sake of completeness I hold that Mr Hardy has not been excluded from any public meeting as he once maintained, neither has he a valid cause of action under the Human Right’s Act as he also contended.

23. With regard to damages Mr Holland submits they should be nominal but I disagree. In effect Mr Hardy has for almost exactly 12 months been deprived of the enjoyment and satisfaction of pursuing his political aims and activity to which he has plainly been deeply committed. He would not however have held any office during that time nor I think been elected to either local or central government notwithstanding his clear ambitions. Neither do I find he is entitled to punitive damages in this case because I judge the unlawfulness of the defendants to stem from ill judgment and inattention to their own rules rather than bad faith. I therefore assess damages in the sum of £750.

His Honour Judge P Fox QC
The Recorder of Middlesbrough

Permission to publish this Judgement has been granted and you will find a copy at Junius also CLICK HERE
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Posted in Alan HARDY, Alan SKED, Christopher GILL, Clive PAGE, COURT JUDGEMENT, George YOXALL, Gordon PARKIN, Jonathan ARNOTT, Mark CROUCHER, Nigel FARAGE MEP UKIP, Paul Nuttall, Tom WISE | Leave a Comment »

 
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