I have just had my membership terminated from my local golf club by the owner /MD. It is a limited company and not a members club. The grounds have been stated as "discrediting me, my family and the (name of) Golf Club to another golf club in the area.There are no issued terms and conditions of membership and of course I deny any behaviour that my have damaged the reputation of those claimed . (I have joined another Golf Club in the area, along with 7 other members from the current club.
System of Law: England-and-Wales
Nothing - drafted my own letter asking him to justify this serious allegation with dates, witnesses etc and suggest that he has fabricated this allegation to justify termination - I have paid my subscription up front and I am asking for a refund of the unexpired term
1. Be aware that you can sue for damages if the dismissal from membership has not followed the law, particularly any terms upon which you joined the club. Additionally, unless there are terms and conditions of membership that prohibit you from discrediting the owner and the club, then the expulsion from membership is unlawful. Accordingly, the facts seem to suggest that you have an action in damages for breach of contract. This additionally suggest that the owner/MD is making up the terms & conditions of membership as he goes along - itself, unlawful. Consider getting yourself a solicitor who will sue on your behalf for damages.
Many thanks - you have actually confirmed what I thought - but will the limit of any damages only be the amount of my unexpired term
2. No damages will additionally be assessed to include the hurt and suffering caused by being excluded from the place you enjoyed socially. By making reputational remarks, your standing among the other members was damaged and you can claim for loss under both these heads as well, not just the membership issue.
many thanks very useful info
Barrister 17 years experience
Hi again - thanks for the above -very useful, but I have one other imortant query. My house (garden) backs onto the Golf course where my membership has been unlawfully terminated. I am concerned that if start lega action the proprietor (who is a very vindicative individual) my decide to be "mischievious" eg, plant leylandi , erect a high fence etcSo I need to know does he have to have planning permission for any structures etc and what are the chances of him being able to do exactly what he wants - by the way for 19 years I had agreed access to the golf course from a gate in my back garden but this permission has just been withdrawn - and he has stated in wrting that he could "secure" what I consider legitimate access to the golf course (which I don't of course)
3. Firstly, as you realise, the owner of the golf course can secure the current entrance you have onto the golf course. In law, he has no obligation to keep this access open, as you have no legal right to walk directly onto his course. Secondly, he will need planning permission for any structures which he erects on the course, or any change of use to the area of the golf course beside you. However, no planning permission would be necessary for the erection of trees (eg leylandii) or for the erection of a fence up to 3 metres high. Finally, you should consider some form of mediation if you can get someone who is well regarded by this golf course proprietor who will act as a mediator and seek to work out an agreed solution to the issue. Sometimes legal action can be a very blunt weapon which only causes increased estrangement between parties to a dispute.
thanks I think that clarifies everything,
You are welcome. If you have any further queries, I will be happy to help.Please ACCEPT the Answer
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