Cases

Colgan v Kennel Club

Held

The contractual obligations on the Club in exercising its disciplinary functions were, at most, to act fairly and to take reasonable steps to apply the rules of the Club and act in accordance with the law. There was no contractual obligation on the Club to reach a particular or correct decision and the Claimant could not claim for damages flowing from any wrongful decision, unless she could prove unfairness or negligence. Further, there was nothing unfair about the procedures adopted by the Club when taken as a whole. On a correct construction of the rules, the starting point was to establish if an offence had been committed of which the member had been convicted. In this case, the Claimant had been convicted following a trial in front of an independent tribunal who had heard all the relevant evidence. The Claimant was also given the chance to submit any mitigating factors she wished the Club's committee to consider in writing.

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