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Article Title:	Independent Adjudication Decision Reached Regarding Exeter CU
Author of reported comment:	Jonathan Bartley
Comment Date:	12:33 on Jul 22 2007
Comment:	I have read Mark Shaw's report in full, and in the interests of fairness and truth, I thought it worth listing some of the conclusions that Mark Shaw reached, (which people may not have understood from the article above) in order to give some balance. 1. Mark Shaw QC writes: "At the end of the meeting on 24 May 2007 there seemed to be a real prospect of reaching a mediated resolution on two issues (membership and leadership). By the end of June 2007, however, that prospect had disappeared. I believe that Ben Martin’s consistent refusal properly to engage in the ICP contributed to that failure. He has participated with great reluctance and only, on advice, as a means of reaching the High Court." 2. The result of the referendum was validly ratified by the Guild. 3. It was wrong and misleading for the ECU to file and serve the judicial review claim on 5 January 2007 as if the challenged decision were still extant. 4. The Guild has not violated the human rights of the ECU or Ben Martin 5. The ECU’s membership rule and its (stricter) leadership rule breach the EOP and section 9.1001 of Annexe 9 to the Guild’s constitution. 6. Several other features of the ECU’s constitution appear to be inconsistent with the EOP and/or the Guild’s constitution. 7. There has been no breach of the Employment Equality (Religion or Belief) Regulations 2003 (“the 2003 Regulations”). I would urge people to read a copy of the judgement so they can make up their own minds. It can be found on the Exeter University website, a link to which is within this article. (It is my opinion that Mark Shaw's report is very fair and balanced).

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