Court of Appeal decision over political party breaks ground on passing off law

ELECTION CHALLENGE: Ruling backs Countryside Alliance against BNP activist

The first legal challenge of this general election campaign has broken new ground by establishing that the law of passing off is not available solely to commercial organisations.The Court of Appeal ruling last week came in a successful appeal by the Countryside Alliance over its efforts to prevent a member of the far-right British National Party from standing in its name in a parish council by-election.The Court of Appeal made clear that if a claimant has acquired reputation, property and goodwill, and is involved in significant activity, he is entitled to protection under the tort of passing off.The High Court had initially dismissed the action following the 1982 case of Kean v McGivan (FSR 119).

In that case, the original SDP - a little-known regional political party in the north of England - failed in an action against the Shirley Williams/David Owen Social Democratic Party because the court said passing off only applied to organisations which were trading commercially.

The appeal court said last week that the SDP case had failed because the claimant appeared not to have carried out activity of any sort.Michael Mcnally of Tunbridge Wells law firm Knights, who acted for the Countryside Alliance, said: 'This rationalises all cases of this kind involving charities, that were previously thought to be the exception to the rule that passing off only applied to commercial traders.

'This judgement shows they were just consistent with what the law has always been.'A costs award was made against Mr Haycock, who was unrepresented in the case.Andrew Towler