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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi this may be a question you dont get very often, but im

Resolved Question:

Hi this may be a question you don't get very often, but im about to go to a meeting involving a incident on a fishing lake I was involved in. The guy I have had this altercation with is banned from the lake for other incidents. I was a bailiff at the time, the guy was a constant threat to me, saying he wanted to punch my head in, I tried to resolve this matter on a number of occasions, even shook hands after he admitted that he should stop running his mouth off about me, and threatening me. On numerous occasions I had reported him to the Head Bailiffs, the guy had a letter from the committee to say if he continued to cause trouble he would be banned for life. Now after being accused off swearing at his mother, which I didn't I have witnesses, he again threatened to punch my head in. Well I didn't let this go and we had this fight he wanted, but this has resulted in me probably getting a life ban myself. the committee know of the trouble this guy keeps making around the lake but still they are not going to ban him, from what I have been told, I don't know why I should have this happen to me a year I can understand, not life, any thoughts on this would be helpful.

Yours Douglas
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is this a private lake please?
Customer:

No a club water on a public park

Alex Watts :

Its bad news I am afraid.

Alex Watts :

As a private club/organisation they can ban who they want

Customer:

Why so

Alex Watts :

It is like going to Asda - you are only there on licence and Asda can terminate the licence at any time and for whatever reason

Alex Watts :

Therefore because it is a private club they can stop you

Alex Watts :

However they should act in accordance with their own rules

Alex Watts :

You need to have a copy of their rules or constitution

Alex Watts :

This should set out the process for what they can do and when

Alex Watts :

If they do not you can challenge it in Court.

Alex Watts :

But in reality it is likely to cost you around £5000 for a fully contested trial on the issue

Alex Watts :

Even then a Judge can only say yes they are right or no they are wrong

Alex Watts :

A Judge does not have the power to order a private club to allow someone back in

Alex Watts :

If it was a public body that would be different

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Its not a private club anyone can join you don't get a interview or vetted on joining buy a ticket and fish

Alex Watts :

Yes but I assume its not run by a local authority or public body?

Alex Watts :

If not then the decision is hard to be challenged.

Alex Watts :

If it is then you can seek a Judicial Review of the decision through the Courts.

Alex Watts :

Either way if they wont let you back its a Court process

Alex Watts :

Does that clarify?

Customer:

The club rent the lake from beds county council and the green sands trust would this still not help

Alex Watts :

Sadly no

Alex Watts :

This is because they rent it.

Alex Watts :

I am very sorry

Alex Watts :

Can I clarify anything else for you?

Customer:

no thanks for your input

Alex Watts :

Ok - good luck with this Douglas

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Hi alex cant find the accept button so I can leave your score.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Alex