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Ashton & Reid on Clubs and Associations 3rd edition [Hardback]

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  • Format: Hardback, 656 pages, height x width x depth: 248x178x44 mm, weight: 1280 g
  • Pub. Date: 24-Nov-2020
  • Publisher: Bloomsbury Professional
  • ISBN-10: 1526505169
  • ISBN-13: 9781526505163
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Ashton & Reid on Clubs and Associations 3rd editionLarger Image
  • Format: Hardback, 656 pages, height x width x depth: 248x178x44 mm, weight: 1280 g
  • Pub. Date: 24-Nov-2020
  • Publisher: Bloomsbury Professional
  • ISBN-10: 1526505169
  • ISBN-13: 9781526505163
Other books in subject:
Permanent link: https://www.kriso.ee/db/9781526505163.html
Keywords:
The diversity and complexity of the legal issues that can arise in the course of the activities of a club, society or association present numerous questions for those advising and managing those bodies for which they need guidance. Problems range from the interpretation of rules to anti-discrimination legislation. Legal issues can span alcohol licensing, charities, company law, employment law, expulsion procedures, litigation, meetings, promotion of lotteries, property law and taxation. Ashton & Reid on Clubs and Associations is the definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law (including new case law and recent legislation) to provide practical legal advice for these bodies, their advisers and officers. The work includes a full set of model rules as well as other useful material in the Appendices.

Reviews

the initial go to book available to any member of a club, or indeed a third party, seeking guidance and advice about the law relating to the management and administration of a club, as well as a valuable reference book for any professional practitioner advising on this area of the law. * Gordon Nurse MA (Cantab) Middle Temple, Barrister, Deputy Chancery Master of the High Court of Justice, Radcliffe Chambers, London * the authors provide an excellent treatment of the ways in which a club may participate in societal interactions, including a club's civil liability. Mention should also be made of the useful appendices, containing statutes and precedents...I recommend this book to any solicitor dealing with clubs or unincorporated associations, including charities * Solicitors Journal (review of previous edition) *

More info

The definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law to provide practical legal advice for these bodies, their advisers and officers.
Foreword v
Preface vii
Author biographies ix
Law report abbreviations xvii
Table of Cases
xxi
Table of Statutes
xlvii
Table of Statutory Instruments
lxvii
Table of EU Materials and Other Guidance
lxxvii
Definition of a club lxxix
Part 1 The Formation and Dissolution of a Club
Chapter 1 Formation Of The Club
1 The legal definition of a club
3(2)
2 Historical introduction
5(1)
3 Classification of clubs
6(2)
4 Unincorporated members' clubs
8(3)
5 Working men's clubs
11(1)
6 Community clubs
12(3)
7 Company clubs
15(5)
8 Charitable clubs
20(3)
9 Community amateur sports clubs
23(4)
10 Choosing the essential structure
27(1)
11 Specialist clubs
28(1)
12 Umbrella organisations
29(1)
13 Proprietary clubs
30(2)
Table 1 Legal structures: a summary
32(3)
Chapter 2 The Club's Constitution Or Rules
1 The primacy of club rules
35(1)
2 The rule-makers
36(1)
3 Binding nature of the rules
36(1)
4 Contents of the rules
37(4)
5 Interpretation of the rules
41(2)
6 Amendment of the rules
43(5)
7 Statutory involvement: members' clubs
48(4)
8 Proprietary clubs
52(3)
Chapter 3 Dissolution Of The Club
1 Introduction
55(1)
2 Amalgamation of clubs
56(2)
3 Dissolution of the club
58(7)
4 Members' liability on dissolution
65(2)
5 Impact of insolvency legislation
67(8)
Part 2 Internal Relationships: The Club and Its Members
Chapter 4 Admission Into The Club
1 Formal process
75(1)
2 Selection process
75(1)
3 Categories of membership
76(4)
4 Restrictions on right to reject applications for membership
80(4)
5 Privileges of membership
84(1)
6 Entrance fee and subscriptions
85(3)
7 Guests and visitors
88(1)
Chapter 5 Management Of The Club's Affairs
1 Introduction
89(1)
2 Officers of a members' club
89(3)
3 Election and tenure of officers
92(2)
4 Auditor
94(1)
5 Trustees
94(1)
6 Branches and sub-clubs
95(1)
7 Control by the managing committee in an unincorporated club and in a community club
95(5)
8 Control by directors in an incorporated club
100(4)
9 Control by trustees in a charitable club
104(1)
10 Control by proprietor in a proprietary club
104(1)
11 Cash basis of a members' club
104(2)
12 Power to borrow moneys
106(2)
13 The committee's duty of care to the club and its members
108(3)
14 Members' personal injury claims against the club
111(2)
15 Children involved in club activities
113(1)
16 Discrimination in managing the club's affairs
114(4)
17 Data protection: privacy and confidentiality
118(5)
18 Membership list
123(2)
19 Dealing with internal disputes
125(2)
Chapter 6 Meetings Of Club Members
1 Introduction
127(1)
2 Annual General Meeting
127(2)
3 Special meetings
129(1)
4 Informal meetings
130(1)
5 Notice of general meetings
130(4)
6 Electronic meetings
134(1)
7 Controlling attendance at meetings
135(1)
8 Agenda
136(1)
9 Chairman of meetings
137(2)
10 Amendments to motions
139(1)
11 Members' resolutions
140(1)
12 Quorum
141(2)
13 Voting
143(4)
14 Minutes
147(3)
15 Committee meetings
150(1)
16 Statutory requirements for company clubs
151(1)
17 Proprietary clubs
152(1)
Chapter 7 Cessation And Curtailment Of Club Membership
1 Introduction
153(1)
2 Resignation
153(3)
3 Lapsed membership
156(1)
4 Expulsion: members' clubs
157(8)
5 Expulsion: proprietary clubs
165(1)
6 Suspension
165(2)
7 Disciplinary proceedings
167(1)
8 Appeals
167(1)
9 Breach of bye-laws
168(1)
10 Reprimand and warning
168(1)
11 Discrimination affecting membership
169(2)
Chapter 8 Ownership Of The Club's Property
1 Introduction
171(1)
2 Unincorporated members' clubs
171(7)
3 Incorporated members' clubs
178(2)
4 Literary and scientific institutions
180(1)
5 Proprietary clubs
181(1)
6 Trusteeship
181(4)
Chapter 9 Supply And Sale Of Alcohol By The Club
1 Introduction
185(2)
2 Licensable activities
187(1)
3 Qualifying club activities
187(1)
4 Authorisations
188(1)
5 Club premises certificate
188(13)
6 Premises licence
201(5)
7 Temporary event notice
206(5)
8 Personal licence
211(2)
9 Proprietary clubs
213(1)
10 Appeals
213(1)
11 Fees
214(1)
12 Offences
215(2)
Chapter 10 Supply And Sale Of Food By The Club
1 Introduction
217(1)
2 Food safety and hygiene
217(3)
3 Registration of the club
220(1)
4 Risk assessment
220(2)
5 Staff training
222(1)
6 Local surveillance
222(1)
7 The supply of proper food
223(1)
8 Offences
224(1)
Chapter 11 Entertainment Provided By The Club
1 Introduction
225(1)
2 Copyright
225(4)
3 Publishing books
229(1)
4 Regulated entertainment
229(4)
5 Procedures relating to authorisations etc
233(2)
6 Television licence
235(1)
7 Noise nuisance
236(1)
Chapter 12 Gaming And Lotteries Run By The Club
1 Introduction
237(1)
2 Gaming: an overview
238(1)
3 Exempt equal-chance gaming
239(2)
4 Non-commercial equal-chance gaming
241(3)
5 Gaming machines
244(1)
6 Club machine permit
245(1)
7 Club gaming permit
246(1)
8 Procedure for obtaining club permits
247(2)
9 Gaming: a miscellany
249(1)
10 Lotteries: an overview
250(1)
11 Incidental lottery
251(1)
12 Private society lottery
252(1)
13 Small society lottery
253(3)
14 Lotteries: a miscellany
256(1)
15 Betting
257(1)
16 Cross-category activities
258(1)
17 Proprietary clubs
258(3)
Part 3 External Relationships: The Club and Third Parties
Chapter 13 The Club's Civil Liability To Third Parties
Part A Contract
261(1)
1 Introduction
261(1)
2 Unincorporated clubs: general principles of liability
261(1)
3 Principal parties
262(2)
4 The law of agency
264(3)
5 Member's liability
267(3)
6 Corporate clubs: general principles of liability
270(1)
7 The role of directors
271(1)
8 Third party protection
272(1)
9 Proprietary clubs
273(1)
Part B Tort
274(1)
10 Introduction
274(1)
11 Unincorporated clubs: general principles of liability
274(1)
12 Vicarious liability
274(3)
13 Negligence and nuisance
277(9)
14 Defamation
286(3)
15 Incorporated clubs: general principles of liability
289(1)
16 The director's liability
290(1)
17 Proprietary clubs
291(2)
Chapter 14 Third Party Challenges To The Club's Decisions
1 Introduction
293(2)
2 Decisions made under an express contract
295(1)
3 Implied submission to the club's jurisdiction
296(2)
4 Judicial review
298(3)
5 Remedies available
301(1)
6 Discrimination claims affecting third party livelihood
301(2)
Chapter 15 Landlord And Tenant Relationships Involving The Club
1 Introduction
303(1)
2 Tenancies
304(1)
3 Covenants in tenancies
305(3)
4 Business tenancies
308(5)
5 Residential tenancies
313(8)
6 Discrimination in landlord and tenant matters
321(2)
7 Licences
323(2)
8 Proprietary clubs
325(2)
Chapter 16 The Club's Employment Of Third Parties
1 Introduction
327(1)
2 Contract of employment
328(3)
3 Pay
331(3)
4 Maternity and other leave
334(2)
5 Right not to suffer detriment
336(1)
6 Health and safety at work
337(3)
7 Termination of the contract of employment
340(7)
8 Discrimination in employment
347(5)
9 References
352(1)
10 Workers
353(2)
Chapter 17 The Club's Liability For Tax And Business Rates
1 Introduction
355(1)
2 Mutual trading
356(1)
3 Club accounts
356(3)
4 Corporation tax
359(4)
5 A miscellany of clubs
363(2)
6 Other tax items
365(1)
7 Value Added Tax
366(11)
8 Stamp duty land tax
377(1)
9 Business rates
378(7)
Chapter 18 The Club's Responsibility For Crime
1 Introduction
385(1)
2 Unincorporated bodies
385(4)
3 Corporate bodies
389(1)
4 Vicarious liability
389(3)
5 Statutes where criminal liability may fall on the club
392(6)
6 Alternative civil sanctions
398(1)
7 Serious offences
399(4)
Part 4 Clubs as Parties In Civil Proceedings
Chapter 19 The Club's Involvement In Civil Proceedings
1 Introduction
403(1)
2 Pursuing claims
404(2)
3 Club's procedure on a claim
406(3)
4 Defending claims
409(1)
5 Club's procedure on a defence
410(4)
6 Limitation
414(2)
7 Alternative dispute resolution
416(7)
Appendices
A Literary and Scientific Institutions Act 1854, sections 18 to 33
423(4)
B Shop Clubs Act 1902, Schedule
427(2)
C Licensing Act 1964, Schedule 7
429(4)
D Friendly Societies Act 1974, Schedule 2
433(2)
E Co-operative and Community Benefit Societies 2014, section 14
435(2)
F Corporate Insolvency and Governance Act 2020, Schedule 14
437(4)
G Model Articles 2008 for private companies limited by shares
441(20)
H Model Articles 2008 for private companies limited by guarantee
461(14)
I Model Articles for a community interest company limited by guarantee
475(22)
J Constitution of a charitable incorporated organisation, `Association' model
497(24)
K Model full set of rules for an unincorporated members' club (Basset Sports Club)
521(18)
L Model short-form set of rules for an unincorporated members' club (Bassetshire Hockey Umpires Association)
539(6)
M Specimen notice and agenda for an AGM (Basset Historical Society)
545(4)
N Specimen minutes of a committee meeting (Basset Borough Council Standards Committee)
549(2)
Index 551
David Ashton is a former deputy Master of the Queen's Bench Division of the High Court of Justice and was for many years Counsel to the Kennel Club.

Paul W Reid is a Recorder of the Crown Court and was for many years Standing Counsel to the National Golf Clubs' Advisory Association.

Ian Snaith is a consultant solicitor, a former Senior Lecturer at the University of Leicester, and the author of the leading textbook on co-operative and community benefit societies.