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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11565
Experience:  30 years as a practising solicitor.
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Can you advise. About a month ago I was accused of some inapproriate

Resolved Question:

Can you advise. About a month ago I was accused of some inapproriate behaviour at the local gym/pool where my wife and I are members and was detained and questioned by the police on the subject at the local police station. Following their thorough investigation which included interviewing the complainant (an adult male) and viewing CCTV at the gym/pool, I was advised that there was no case to answer and that no further action would be taken against me. Since then I have been left high and dry as although the truth was out I have had no feedback as to why the complainant felt that they should raise a complaint and also the gym has suspended both our memberships until their own internal investigations are finished but it now looks as if our memberships will be fully cancelled despite the advice from the police. (My wife feels this is totally unfair for her and for me). Can you give me some pointers on what I can possibly do? I have worked with young people in the past and may do again in the future and the police have advised that this will not be affected at all.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What precisely are your questions about this?
Customer: replied 3 years ago.

1) Do I have any recourse to the gym on their decision to cancel both my membership AND my wife's.


2) Can I do anything to appeal to the gym company following the police advice and confirmation from CCTV that what I was supposed to have done was totally untrue, although they may think that there was no smoke without fire?


3) Do I have any recourse to the complainant who raised a totally false complaint?

Expert:  JGM replied 3 years ago.
1. Yes you do. You should be writing to them to put your point forward.

2. Your remedy if they don't reinstate your membership is to go to the Court of Session and ask for a judicial review of their decision to exclude you from the club.
Customer: replied 3 years ago.

Thank you for your reply which I thought was the case.


 


However what about my 3rd question 3) Do I have any recourse to the complainant who raised a totally false complaint?.


 


Is this something the Court of Session would include in a review?

Expert:  JGM replied 3 years ago.
That would be irrelevant in the context of a judicial review.

You would have the right to raise an action for defamation against that person. Such an action would be expensive and because of that you would have to consider your position carefully before doing so.
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