Translate

Sunday, 10 February 2013

Letter Before Claim to the Conservative Party


A LETTER BEFORE CLAIM
SECTION 1. INFORMATION REQUIRED IN A LETTER BEFORE CLAIM
Proposed claim for judicial review
1
To

Mr Stephen Phillips
Secretary to the Board
The Conservative Party
Conservative Campaign Headquarters
30 Millbank
LONDON
SW1P 4DF

2
The claimant

Ms Claire Khaw



3
Reference details

Defendant’s letter to Claimant of 20th December 2012:

Dear Ms Khaw

I am writing on behalf of the Conservative Party Board to inform you that your membership of the Conservative Party has been cancelled under Part IV 17.7 of the Constitution of the Party, which states:

The Board of the Party shall have power to do anything which in its opinion relates to the management and administration of the Party.  It shall be ... responsible for ... the cancellation or refusal of membership, in its absolute discretion of any Party member ....

Yours sincerely

Stephen Phillips
Secretary to the Board of the Party

Claimant’s email to Defendant of 11 January 2013

Dear Mr Phillips

I refer to your letter dated 20th December and would be grateful if you would let me know the reason why you cancelled my membership.

Yours sincerely
Claire Khaw

Defendant’s email to Claimant of 15  January 2013

The Conservative Party received a complaint and subsequently launched an investigation. The investigation found subject matter personally attributed to you which were wholly inconsistent with the aims, objectives and principles of the Party

The Board of the Party reserves the right to cancel the membership, in its absolute discretion, of any Party member.

Claimant’s email to Defendant of 15 January 2013

Yes, I gathered that I have done something which you dislike, but may I know

(a) what I have done that is inconsistent with the aims, objectives and principles of the Party?

(b) what are the aims, objectives and principles of the Conservative Party?

Claimant’s email to Defendant of 16 January 2013

Subject: The reason for the cancellation of my membership

I wonder if you have received my earlier email.

Claimant’s email to Defendant of January 2013

May I know if it is your intention not to tell me

1. what I have done that is inconsistent with the aims, objectives and principles of the Conservative Party; and

2. what are the aims, objectives and principles of the Conservative Party?

Claimant’s email to Defendant of 23 January 2013

Subject: The reason for the cancellation of my membership

When may I expect to hear from you on this?

4
The details of the matter being challenged

That the claimant has no right to know either what she is supposed to have done that is “wholly inconsistent with the aims, objectives and principles of the Conservative Party” or even what the aims, objectives and principles of the Conservative Party are.

5
The issue

If it is the case that the Conservative Party has no principles that it cares to state, then it has no principles against which the claimant could have acted.  This therefore means that the decision to expel the claimant was one or some or all of the following, i.e.

· the decision-maker does not have power to make that decision, or is using the power
they have for an improper purpose;
· the decision is irrational;
· the procedure followed by the decision-maker was unfair or biased;
· the decision was taken in breach of the Human Rights Act.

It is not in the public interest that a governing party can give its members no rights at all, while being either unwilling or unable to state its principles.

6
The details of the action that the defendant is expected to take

1.     State how and why the claimant has acted in a way that is “wholly inconsistent with the aims, objectives and principles of the Conservative Party.”
2.     State the official aims, objectives and principles of the Conservative Party

7
The details of the legal advisers, if any, dealing with this claim

The claimant is dealing with this matter herself.

8
The details of any interested parties

The interested parties are the entire membership of the Conservative Party who are similarly liable to be expelled from the party without warning or explanation. It is not possible to send them all a copy of this letter.

9
The details of any information sought
1.     A statement as to how and why the claimant has acted in a way that is “wholly inconsistent with the aims, objectives and principles of the Conservative Party.”
2.     A formal statement of the official aims, objectives and principles of the Conservative Party

10
The details of any documents that are considered relevant and necessary
(Set out the details of any documentation or policy in respect of which the disclosure is sought and explain why these are relevant. If you rely on a statutory duty to disclose, this should be specified)



12
Proposed reply date

Within 14 days of receiving this letter sent on the  6th day of February 2013


http://thevoiceofreason-ann.blogspot.co.uk/2012/12/claire-khaws-membership-of-conservative.html

No comments: