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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Last year I was banned by the local cricket club with no real

Resolved Question:

Last year I was banned by the local cricket club with no real justification, they failed to follow the disciplinary rules set out in the club constitution imposed a 12 month ban. As a club member can I sue as they have not followed the constition.

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What losses ave you incurred as a result?

Customer:

No financial loss but it has tarnished my reputation and also caused a fair amount of distress and upset by going through the whole affair.

Ben Jones :

the issue is that you cannot just sue for the breach, unless you can show losses. By becoming a member if the club you have basically entered a contract with them, where you pay a membership fee or meet other criteria, they provide you with a service or other benefits. You both agree to abide by any rules/procedures. By not following the disciplinary procedure, the club has potentially acted in breach of contract. Such breaches are only compensated by covering the actual damages you have suffered, you will not be compensated for stress/inconvenience, damage to reputation, etc. So unless you can show actual losses, in this case it is unlikely you will be able to sue I'm afraid

Customer:

Thanks for the response Ben, its just frustrating that they have completely ignored the disciplinary procedure and there doesnt seem to be a great deal I can do to bring them into line.

Ben Jones :

in these circumstances it will be difficult to make a legal claim unfortunately - as a private members' club you are really limited to their own complaints procedure, after all if they really wanted to they could terminate your membership anyway, simply by giving you notice

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

Thanks Ben, I thought as much, just nice to have it confirmed.

Ben Jones :

You are welcome, sorry it may not have been the est outcome for you

Ben Jones :

best

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