Re: [Fsfe-uk] Re: AFFS

[Jason Clifford]

On Mon, 2009-03-02 at 19:34 +0000, John¹ wrote:
> From that we can infer that you have no clear idea of what the exact legal 
> position is, as others seem to be intent on execrating any effort that I 
> and others have made it is increasingly likely that I may just seek help 
> in winding up what is left and disposing of the monies in the AFFS 
> account.

Nobody has a clear idea of the exact legal position and without spending
a lot of money in order to obtain qualified opinion nobody will. There
are some things that we can know about the legal position:

1. AFFS is not a legal entity in it's own right. It is just an
association of members and if there are not at least 2 members the
association simply does not exist. This is true of both English and
Scots law according to the Scottish Law Commission. English law
generally holds that members of an unincorporated association may be
bound by contractual agreement.

2. The only specific statement of any agreement between the members of
AFFS is the constitution and the results of AGMs.

3. There is no statute in English or Scots law that governs an
unincorporated association unless it is a trust or a charity. 

This being the case we can either choose to resolve the question of the
standing of AFFS among ourselves easily or we can waste lots of time,
energy and cost trying to get qualified legal opinion which first needs
someone to actually know what they want sufficiently to state it to a
lawyer. If nobody is willing to state what they want clearly and what
they feel is at dispute how can that happen?

> No, I don't want my money back, other than as a last resort, 

So what, specifically, do you want then?

> I suggested that you consulted a solicitor, as it was you pontificating on 
> the legal position. I have been involved in a similar case years ago, 
> which is why I know about the responsibilities, and the separate and 
> several liabilties of those involved. Councel was involved, it went to 
> court, damages and costs were enormous, I was not on the losing side.

You stated that you were going to obtain legal advise and challenged me
to do likewise. I have clearly stated that I think it's a waste of time
and money doing so. 

You seem to be suggesting that you want to do so. If that is the case go
ahead and do so but please first tell people what you actually want.