Ted Vibert had alleged that the Sun Bowling Club, St Saviour’s Bowling Club, Jersey Bowling Club and St Brelade’s Bowling Club had caused him embarrassment and hurt by not allowing him to join.
However, his claim seeking £5,000 in damages from each of the clubs was dismissed by the Royal Court last year.
He appealed against that decision and a recently published judgment says a court needed to hear evidence to determine whether Mr Vibert had resigned from the Sun Bowling Club – after it is claimed he likened members to Adolf Hitler during an AGM – or was still a member attempting to renew his membership.
However, the appeal panel upheld the original decision in regards to St Saviour’s Bowling Club, Jersey Bowling Club and St Brelade’s Bowling Club as in its view a club determining whether or not to admit a new member was not a matter for the court.
According to the judgment, if it was found that Mr Vibert had not resigned then he ‘may have a claim’ against the Sun Bowling Club.
An affidavit was provided to the appeal panel from Greg Davis, club captain of Sun Bowling Club.
The affidavit states: ‘I was present at the AGM of Sunday 11 November 2015 when the plaintiff made clear to all present that he was leaving the club.
‘He had sought to address the assembled membership about a change to the club’s constitution which he was proposing, and in doing so had made reference to Adolf Hitler in an apparent comparison with the attitude of the membership to his proposal.
‘This was inevitably not warmly received by the membership and their response was, in my view, understandably disapproving. The plaintiff subsequently stormed out of the meeting and declared words to the effect of “you will not see my face at this club again”.’
Mr Vibert claims he did not resign, stating that he had not failed to pay his subscription, his membership was not cancelled for disciplinary reasons and he had not sent a resignation letter.
The judgment says: ‘No matter what view we may take of the evidentiary picture as it emerges before us we cannot say that it is entirely clear that Mr Vibert resigned and that his application was for admittance as a member anew rather than for a renewal of his membership.’
It adds that Mr Davis’s evidence had not been tested and Mr Vibert had not given evidence on his own account.
And the judgment suggests that it ‘may be appropriate and cost effective’ to transfer the action to the Petty Debts Court.
Deputy Bailiff Tim Le Cocq and Jurats Collette Crill and Charles Blampied were sitting.
