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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Treherne & Ors v Amateur Boxing Association Of England Ltd  EWCA Civ 381 (11 March 2002)
Cite as:  EWCA Civ 381
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(Mr Justice Garland)
Monday 11th March, 2002
B e f o r e :
LORD JUSTICE LATHAM
SIR DENIS HENRY
|(1) ALWYN TREHERNE|
|(2) COLIN WEBB|
|(3) DANNY KITCHEN|
|(4) ALAN HAWKINS|
|(5) STUART PRICE|
|(6) KEITH JEFFRIES|
|(7) JOHN WYNNE|
|(8) GARY BUTCHER|
|(9) BRIAN EVANS|
|(10) BILL SUMMERS|
|(11) TERRY TAYLOR|
|(12) ALAN SMITH|
|(13) MALCOLM WEBB|
|(14) GWYNFA JAMES|
|(15) PHILIP JONES|
|(16) RUSSEL COOK|
|(suing on their own behalf and on behalf of the members of the|
|WELSH AMATEUR BOXING FEDERATION)|
|- v -|
|AMATEUR BOXING ASSOCIATION OF ENGLAND LIMITED|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
MR T KERR QC (Instructed by Messrs Hammond Suddards Edge, London EC2M 4YH) appeared on behalf of the Respondent
Crown Copyright ©
"The Welsh came away under the impression that they were being encouraged to affiliate, and that if entry was denied - some of the ABAE board being hostile - it might be necessary to resort to legal proceedings."
"After an hour's discussion it was decided that England would take all the relevant rule books to their solicitors to see if there was anything that prohibited us having entry to England. Also to look at if entry was denied could England be taken to law by Wales. It was agreed that the initial cost of the solicitor would be shared between the two countries."
"I make no finding as to whether Commander Robertson deliberately misled Mr Collier and others, but I do find that he did in fact mislead them by ascribing to Mr Millichip advice which he had never given on an occasion when Mr Millichip was not even present."
"The option of the Federations in Wales and Scotland affiliating to the ABAE Ltd as `regions' is raised in the paper, though not as a specific recommendation. The Board, at its meeting on 1 May, felt some caution was needed before embarking too quickly down this road. It is important to bring the clubs and regions in England with us and it will be included as an item for debate on the agenda of the next Executive Council on 17 July."
"... requirement is that you, WABF, furnish written proof that under UK law the WABF has a right to become an affiliated region of the ABAE Ltd, and that the ABAE Ltd must grant affiliated status to the WABF."
"Mr Millichip said that he foresaw all sorts of difficulties with the proposed affiliation arising from ABAE's constitution and its affiliation to AIBA. It was agreed that Mr Bleddyn Rees would prepare a draft letter for Mr Millichip's comments, but this was never done and on 16th June Morgan Cole apologised to Mr Millichip for not doing so."
"We act for the WABF who have instructed us to advise them in connection with their application to become an affiliated member of the Amateur Boxing Association of England (`ABAE') and we have been passed a copy of your letter to Mr Stuart Price, the Honorary Secretary of WABF dated 13 May 1999."
"Please accept this letter as our client's application for membership of the ABAE as an `Affiliated Regional Association' pursuant to section 2, paragraph 1 of your Rule Book. If there are any formal application forms you require completed please forward these and our clients will complete them forthwith."
"WABF believe that they are entitled to membership of the ABAE as of right and that failure to grant membership will give rise to a number of legal remedies ranging from rights pursuant to the European Convention on Human Rights, the Human Rights Act 1998, the Race Relations Act 1976, the Competition Act 1998, as well as European Competition Law and UK restraint of trade. We are sure that you will wish to avoid any such litigation which would be expensive and time-consuming."
"1. An affiliated regional association may be formed subject to the consent of the ABA England Limited under the following conditions:
An affiliated regional association shall consist of a number of clubs all being affiliated to the ABA of England limited whose headquarters are situated within the area as may be from time to time defined by the ABA of England Limited except all clubs whose headquarters are situated within the area defined as the area for which the Greater London Council was formerly responsible on the 1st January 1986 which area be known as the London Regional ABA."
"On consent being given to the formation of an affiliated regional association the ABA of England Limited shall call a meeting of all clubs concerned to be convened at a suitable place as soon as practicable. At least fourteen days' notice shall be given to clubs within its area are entitled to be represented. This meeting shall be deemed to be the first Annual General Meeting of the new affiliated regional associations."
"Admission to membership. An affiliated association shall not admit to membership its association a club affiliated to another boxing association nor allow a member from another affiliated association to join a club for the purpose of evading any article, rule or regulation of the AIBA or any affiliated association."
"Due to the high costs associated with the defence of these issues and the disastrous financial consequences for the ABAE should we lose, the Board of Directors felt it wise to offer affiliation but sought the EC's approval to undertake such an important step."
"... a Cambrian Association be established and that through this new Association that the Welsh ABF be granted affiliation to the ABAE."
"It was resolved by the Executive Council of the Amateur Boxing Association of England at its meeting on Saturday 17 July 1999, that a request from the Welsh Amateur Boxing Federation to affiliate to the ABAE Ltd be approved. Therefore, it will be our intention to establish a Cambria Regional Association, with membership available from 1 October 1999, that being the start of our 1999/2000 season."
"There appeared to be some confusion in the Claimant's minds as to precisely who was going to be affiliated. The Particulars of Claim refer to the WABF. Reference to the Rules of ABAE make it clear that WABF would have to disappear and that it would be those of its constituent clubs together with any WABA clubs which were also invited, and which wished to apply for affiliation to ABAE, who would then form the Cambria Regional Association. The Claimant's Closing Submissions were made on the basis that the contract was to admit the WABF clubs, but the letter of 28th July was also sent to WABA. Although the second and third paragraphs were directed to encouraging WABA and WABF to resolve their differences, the first paragraph was capable of constituting an invitation to any Welsh club to apply for affiliation, and on 3rd August Mr Price circularised all Welsh clubs urging them to unite under one umbrella as Cambria in order to complete at the highest level."
"In my judgment this letter does not amount to an acceptance of an offer. Even if the letter of 15th June constitutes an offer as opposed to applications on behalf of the constituent clubs to affiliate coupled with a threat of litigation if the applications were to be rejected, that of 28th July is no more than a statement of intention that affiliation of an as yet undefined number of clubs would be available not on, but from, 1st October 1999. The constituent clubs would first have to affiliate and then form the Association after ABAE had defined the relevant area. It amounts to no more than an expression of willingness to set the machinery of application for affiliation and the subsequent formation of the Regional Associate in motion at an uncertain date."