Law of Property Act 1925: agent for change?

When it comes to tools for fighting gender inequality, you might not think to look to a piece of legislation that has been on the statute books for nearly 100 years. So I felt no small amount of geeky pride when I read that the Garrick Club may have to rethink its ‘no female members’ rule, thanks to an amended legal opinion by the distinguished Michael Beloff KC. The cause? A nifty little provision in the Law of Property Act 1925.

Beloff had previously opined that the Garrick’s constitution, which provides that “no candidate shall be eligible unless he be proposed by one member and seconded by another“, could not be interpreted to mean “she” instead of “he”. Thus, no woman can be proposed as a member.

But he has apparently been persuaded to rethink this conclusion, after his attention was drawn to an obscure provision in the LPA 1925. Although I have not had the privilege of seeing a copy of the opinion (for rather obvious reasons) I think he must be referring to section 61, which states that:

In all deeds, contracts, wills, orders and other instruments executed, made or coming into operation after the commencement of this Act, unless the context otherwise requires-

(d) The masculine includes the feminine and vice versa.

Presumably the club’s constitution and related documents constitute a contract or instrument for these purposes, such that there is now a “cogent argument” (in Beloff KC’s words) that women may be proposed as members.  He concludes that the club may face an “expensive lawsuit” if it does not change its rules.  

The opinion was apparently written in November 2022 but has only just come to light, the club’s committee having decided not to adopt it when it was delivered at the time. It remains to be seen whether it will provoke another debate on the subject and persuade a sufficient majority of the Garrick’s membership that the time has come for change.

The LPA 1925 was a game-changing piece of legislation when it was enacted, and property practitioners still refer to it daily. But I’m not sure even its own authors could have predicted the important role it still plays nearly 100 years later; including, it would seem, as an ally in the fight for equality.

"If so, there is no legal obstacle to the proposal of a woman for membership of the club by one member, seconded by another; nor, if she obtains the support required under the rules, any legal obstacle to her admission as a member of the club." Michael Beloff KC

http://forstersllp/
Subcribe to news and views