Liability of Unincorporated Associations

Background

In 2019, the Commission began work on liability of unincorporated associations under its Fifth Programme of Law Reform. The need for reform was highlighted by the Supreme Court decision in Hickey v McGowan (2017), which exposed limitations in holding unincorporated associations accountable for civil wrongs.

Project

The project examines:

Civil Liability Issues: In Hickey v McGowan, the Supreme Court held that a plaintiff could not obtain judgment against the assets of an unincorporated religious order, only against individual members at the relevant time. This reflects the common law principle that unincorporated bodies lack separate legal personality.
Other Case Law: In Murphy v Roche, the High Court ruled that a GAA club member injured on club premises could not sue the club, as doing so would mean suing himself. These cases raise constitutional concerns under Article 40 (equal treatment and access to courts) and Article 6 of the European Convention on Human Rights.
Criminal Liability: By contrast, criminal liability can apply to unincorporated bodies. In DPP v Wexford Farmers Club, the High Court confirmed that such bodies can be convicted under statutes like the Intoxicating Liquor Act, as “person” includes unincorporated associations under the Interpretation Act.
Key Questions: Should unincorporated associations be granted separate legal personality? Should members be able to sue their own associations? Is greater clarity needed on criminal liability?

Next steps

The Commission will explore legislative options to address civil and criminal liability and whether reforms can and should include granting legal personality to certain associations.

Documents

Consultation Paper on the Liability of Clubs, Societies and Other Unincorporated Associations, published in 2022.