Letter Before Action - Matt Gaffar

60 UPTON LANE
LONDON E7 9LN
TEL: 020 3500 0185
FAX: 020 7018 9478
17 June 2022
Direct Phone: 020 3500 1447
Direct Email: khaled@exons.legal
Mr Matt Gaffar
National Organiser, SERA
200A Pentonville Road
London N1 9JP
By email also: organiser@sera.org.uk and enquiries@sera.org.uk
Dear Mr Gaffar
Our client: Mr Harry Stratton
We act for Mr Harry Stratton, a member of the Socialist Environment and Resources Association
(“SERA”), of which you are the National Organiser.
We are instructed that there are serious irregularities in SERA’s ongoing electoral process. The
purpose of this letter before action is to notify you of and seek your cooperation in correcting
these irregularities, failing which our client will have little choice but to commence proceedings
against you personally.
This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct
and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, we
refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose
sanctions for failing to comply with its provisions. Ignoring this letter may lead to our client
commencing proceedings against you and may increase your liability for costs.
Factual background
Under its articles of association, SERA is required to hold a biennial general meeting to elect its
officers. Article 36 of SERA’s Articles of Association states that “Election to the Executive shall
be for a two-year term.” The incumbent officers and you chose to conduct this ballot
electronically using the Election Runner platform. SERA’s Articles state that physical ballot
Authorised and Regulated by the Solicitors Regulation Authority

EXONS is the trading name of Exon Legal Limited registered in England & Wales (Reg. 10443440)
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papers will be used for its Executive Committee election as Article 9 sets out, “….ballot papers
for the Executive Committee election, shall be forwarded to each member of the Association not
less than 4 weeks before the date of the AGM.” Our client therefore questions the validity of using
an online voting platform whether it is consistent with SERA’s Articles. SERA’s Articles form
the contract between its members. Any violation of a provision of SERA’ Articles entitles our
client or indeed any of its members to bring an action for breach of contract.
We understand that you were personally in control of the election and in communication with
Election Runner as SERA’s National Organiser. Initially, ballots for the election were sent out on
Saturday 4 June 2022. However, on Tuesday 7 June 2022, you announced that you had declared
the ballot invalid, and instructed Election Runner to close it without releasing any results. Instead,
you announced that a fresh ballot would be undertaken. We have serious concerns about whether
you followed due process in the administration of the ballot.
No good explanation was provided for your decision. However, its practical effect was to
invalidate the votes of hundreds of members who had already voted. Our client is also extremely
concerned that additional voters seem to have been added to the voter list, who were not members
of SERA when the initial ballots were issued on Saturday 4 June 2022. It would obviously be
unfair, and a breach of SERA’s constitution, to add previously ineligible voters to the voter list –
let alone if the purpose of the addition was to secure a particular result.
Going forward
We would, accordingly, be grateful if you could provide a satisfactory response to the questions
below by 5pm on 21 June 2022, and cooperate with us in correcting these irregularities.
1. How many ballots were issued on Saturday 4 June 2022?

2. What were the results of the ballot issued on Saturday 4 June 2022 before it was
cancelled?
3. Did you agree to cancel the election initiated on Saturday 4 June 2022?
4. Who did you consult in making the decision to cancel the election?
5. Did you agree to, or know about, the addition of voters to the voter list who were
not members of SERA when the initial ballots were issued on Saturday 4 June
2022? How many voters were added?
2
Our client also proposes that at least two independent tellers should be appointed to oversee the
count and ensure the integrity of the outcome of the election. We would therefore be grateful for
your agreement to our client’s proposal by 5pm on 21 June 2022 so that our client can put
forward proposed names that we hope can be agreed amicably.
If you are unable to reply our letter satisfactory by the above deadline, and it is in fact the case
that previously ineligible voters were added to the voter list, our client would have little choice
but to commence proceedings to declare the entire electoral process null and void on the basis of
breach of contract and unfair prejudice against candidates who may have been disadvantaged by
your decision. If this were for the purpose of securing a particular result, our client would seek
findings of personal dishonesty against each person involved in that decision, their
disqualification from involvement in the management of any company, and costs on an indemnity
basis against the individuals personally.
Yours sincerely

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60 UPTON LANE

By email also: organiser@sera.org.uk and enquiries@sera.org.uk

Our client: Mr Harry Stratton

Authorised and Regulated by the Solicitors Regulation Authority

1. How many ballots were issued on Saturday 4 June 2022?

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