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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I was expelled from a field sports club in the UK. The club

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I was expelled from a field sports club in the UK. The club is an unincorporated association with a set of rules covering disciplinary action. To quote, one of the rules states:
4.5.1. A Member shall only be expelled for an act contrary to the rules and code of conduct and upon a majority vote of the Council and after notice is provided to the Member proposed to be expelled. That Member shall be afforded a hearing, upon request, before the Disciplinary committee prior to any vote on expulsion.
After being notified about the panel being formed and giving my letter of explanation for my actions, I received a letter stating that I was expelled from the club after a vote was taken by the council of the club upon the recommendation from the panel. I did not receive notice of the recommendation to expel me nor was I offered a hearing before the vote took place, as per the requirement of rule 4.5.1
This seems to be a clear breach of the clubs rule book. Do I have a valid case to take to a civil court to gain an injunction to reinstate my membership?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Your cause of action is they didn't follow process. If they had you may have still been expelled?
Customer: replied 1 year ago.
Hi Alex,
It is debatable whether the punishment fit the crime as it were. There was a good chance that if they had followed the laid down procedure I would have been expelled. Many people think it far to harsh as my transgression could not be construed as gross misconduct and I have a clean past record.
But there is no debate that the procedure was not followed, and that I was not offered a hearing under rule 4.5.1 before the council vote. I just heard by letter that I had been expelled. My understanding is that civil courts will only interven with an injunction in these kind of cases where it is shown that the club has not followed its own process. So I see it that my rights under this 'contract' have been breached? Am I on the right lines do you think?Regards,
Nick
Expert:  Ash replied 1 year ago.
In any event it would be very hard to seek an injunction. After all a club is a private entity and as such they can have whoever they want as members. It is like Sainsbury banning someone, they can do it.
Your rights would be under contract and nothing more, but even then the Court may not be willing to grant an injunction but I will outline the process for you.
You would need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for hearing and decide whether to grant an injunction. If the Court does and they disobey it that is contempt of Court which they can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex, that doesn't sound too optimistic?
Is this kind of issue a common occurrence?
I was under the understanding was that the power of expulsion must be exercised in strict conformity with the rules by which it is given; otherwise the purported expulsion will be inoperative?
Can you give any timescales for the complete process for an attempted injunction, whther it is successful or to otherwise?
Final question!Regards,
Nick
Expert:  Ash replied 1 year ago.
No its not common. For an injunction you can get one within a week or so, depending on Court listing. However dont forget its against a private firm, so its harder because its to do with membership etc, rather than say selling goods etc.
Does that clarify?
Alex
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