Ashton & Reid on Clubs and Associations – 2nd edition

Clubs and associations pervade the national life of England and Wales. They range from the smallest sports and social clubs, to large organisations, such as the MCC, which own substantial assets and perform regulatory functions. Clubs have a long history. The authors trace the earliest clubs back to the 17th century, some, such as the Royal Society, surviving today.

Despite their importance and, perhaps, because of their diversity of size and purpose, the law relating to clubs and associations is often far from clear. Many clubs are incorporated as limited companies, whether limited by shares or by guarantee. However, probably the majority of clubs are unincorporated associations.

As the authors make clear, the law has often struggled to answer some of the most basic questions about clubs. The question as to what is a club is only one example of the fundamental difficulties faced by the courts, and the lawyer, in dealing with an entity that has no legal personality and yet which is treated as something more than just a collective name for its members.

A club's first concern will be membership. Deciding who is a member and who is not, deciding how someone may become a member and how someone may be removed from membership and who is to manage the club are important considerations for any club. Most clubs have assets. Serious questions may arise as to who holds the title to those assets and on what terms, not least in the event that the club comes to the end of its life.

Clubs provide some kind of service or activity for their members. They employ staff, supply alcohol, rent premises and raise funds through lotteries or other means. They expose themselves to taxation and other regulation. The authors provide an excellent treatment of the ways in which a club may participate in societal interactions, including a club's civil and criminal 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.