Vibert -v- Sun Bowls Club and Others [2017] JRC 181 (26 October 2017)

Vibert -v- Sun Bowls Club and Others [2017] JRC 181 (26 October 2017)

Sports and social clubs are not legally obliged to provide reasons or a hearing when refusing membership applications. Principles of natural justice do not apply to applicants for membership, only to existing members facing expulsion or suspension. The plaintiff's claim has no real prospect of success in law.

Citation
[2017] JRC 181
Parties
Plaintiff: Ted Vibert; First Defendant: Sun Bowls Club; Second Defendant: Second Defendant Bowls Club; Third Defendant: Third Defendant Bowls Club; Fourth Defendant: Fourth Defendant Bowls Club
Jurisdiction
Jersey
Judgment Date
26 October 2017
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
summary judgment granted in favour of defendants; plaintiff's claim dismissed
Legal Topics
Summary Judgment, Membership Refusal, Procedural Fairness, Duty to Give Reasons, Right to Hearing
Civil Procedure Club Law Natural Justice Summary Judgment Membership Refusal Procedural Fairness Duty to Give Reasons Right to Hearing

Case Brief

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Parties

Ted Vibert

Plaintiff

Sun Bowls Club

First Defendant

Second Defendant Bowls Club

Second Defendant

Third Defendant Bowls Club

Third Defendant

Fourth Defendant Bowls Club

Fourth Defendant

Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 Whether sports and social clubs owe a duty of care or are bound by principles of natural justice when refusing membership applications
  2. 2 Whether refusal of membership requires reasons or a hearing
  3. 3 Whether refusal of membership affects social standing sufficiently to justify court intervention

Ratio Decidendi

Sports and social clubs are not legally obliged to provide reasons or a hearing when refusing membership applications. Principles of natural justice do not apply to applicants for membership, only to existing members facing expulsion or suspension. The plaintiff's claim has no real prospect of success in law.

Court Disposition

summary judgment granted in favour of defendants; plaintiff's claim dismissed

Orders

  • Plaintiff's claim against all defendants dismissed
  • No damages awarded