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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience:  30 years as a practising solicitor.
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I am a member of a sports club. They say I have broken a rule

Customer Question

I am a member of a sports club. They say I have broken a rule but can't/ won't tell me which one or show me any evidence. There is a process to resolve this in their constitution but in the meantime, they have suspended me for the month of July (when all the good stuff happens in our club). Can I interdict them from doing this?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You can't interdict them from suspending you as they have already suspended you. An interdict is to stop someone doing something which hasn't yet happened.
What you can do is interdict them from taking any steps to prevent you exercising your rights as a member of the club. Your argument should be that they haven't acts fairly, haven't shown you any reason for the suspension and haven't produced any evidence, as well as not having instigated the procedures laid down in the constitution.
A club has to act fairly and in accordance with its constitution. Their decisions, after all internal procedures have been exhausted, can be subject to Judicial Review by the Court of Session. That is very expensive, however.
In the first instance you would try to deal with this under the constitution by way of appeal (or whatever is laid down in th constitution) and if that doesn't work you would go to the sheriff court with an action along the lines shown above.
This would be an ordinary sheriff court action and as such is more than a form filling exercise. You should instruct a solicitor to act for you.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

I take your point that they can't be interdicted from doing something they have already done. :) They removed me from an event yesterday but say they are "still considering" an event on Sunday which to me implies that they think they are involved in an ongoing process.

What is the best way for me to ensure that I can take part in Sunday's events?

And would any legal action I might take be against "the branch committee" ,"the club committee" and/or the individual post holders eg chair,secretary etc.

Thank you!

Expert:  JGM replied 2 years ago.
There isn't a lot of time between now and Sunday to take legal action so all you can do is put your position in writing and ask that they deal with the issues immediately in accordance with the constitution. I doubt you will manage to do this, I'm afraid.
As far as legal action, in Scotland, unless the club trades as a company, action is taken against the office bearers of the club concerned.
Customer: replied 2 years ago.

Does it matter that the alleged offence must have taken place well before Xmas (I think they are referring to a FB post or post which were imediaately removed and on a page I wsa immediately banned from) and that although I raised the whole matter by asking six weeks ago to be reinstated on their FB page,they only gave me 24 hours warning of the suspension?

I have been in the club 15 years and have never yet heard of anybody being suspended for anything (which I would expect to include cheating or something serious not an alleged remark on FB 8/9 months ago).

I think they will back down on this suspension and allow due process through the club's system if I can claim a strong enough hand. They know they are wrong, they just want to get my "punishment" in while they can and will therefore be happy to accept a smack on the wrist in a year for doing it - but they will not be happy to contemplate legal action if I can show that by suspending me,they havejust added to their woes.

Expert:  JGM replied 2 years ago.
I think it does matter as natural justice requires an "offence" to be dealt with reasonably and timeously.
I think if you are of the view that they will back down you say to whoever is in charge that you have taken legal advice and that if the club want to put this behind them without legal action you would be prepared to apologise for the original FB post and have done with the matter.
Customer: replied 2 years ago.

Thank youCustomervery much indeed for your help,which has been invaluable. You have considered not only the law for me but also the common sense solution and I really am grateful.

I would not hesitate to use this service again and as soon as I can work out the rate of charging/tips/whatever that is - I will add to my original payment. Worth every penny!

Expert:  JGM replied 2 years ago.
Thank you for your kind words. If you need me again just ask for me, specifically.