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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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This question relates to a club situation where a person has

Customer Question

This question relates to a club situation where a person has been nominated for a club position. Another member writes to the club stating that the person is unsuitable for that position and gives various reasons that may or may not be true. Is the person nominated for the club position entitled to see the letter and make representation to the club in response to the content of the letter.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
As a matter of natural justice the person has the right to know his accuser and what the allegations are. If the club don't allow this, they can't take into account the allegations, again as a matter of natural justice. The nomination would have to proceed in accordance with the rules of the club.
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 1 year ago.
I appreciate the very clear and concise response above and wonder if there are any cases that one could use to back up the opinion?If a private letter was written to the Captain rather that the Captain and Council would this make any difference to the legal opinion.Many Thanks,Nigel
Expert:  JGM replied 1 year ago.
Th case of Crocket v Tantallon Golf Club, although from recollection the memb was unsuccessful, does lay out that the member is entitled to a fair hearing and to know the allegations against him.
I don't think it matters whether the letter was written to the council or the captain as the captain is an office bearer and was presumably written to in that capacity.
Expert:  JGM replied 1 year ago.
Here is the link:
http://www.scotcourts.gov.uk/search-judgments/judgment?id=be9986a6-8980-69d2-b500-ff0000d74aa7