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''Enderby Town Football Club Ltd v The Football Association Ltd''
971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...
Ch 591 is an English contract law case, concerning the scope of contracts and association rules that can be contrary to public policy and illegal.


Facts

The Football Association Ltd controlled association football, while county associations were affiliated to it. Enderby Town FC were fined by the county association, and they appealed to the FA. They claimed they should be represented by a solicitor and counsel, but the FA rejected this under rule 38(b) of their association. Enderby FA claimed that the rule 38 was contrary to
natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...
.


Judgment

The Court of Appeal held that rule 38(b) was not invalid. However, it was noted that rule 40(b) which purported to prevent legal proceedings without the consent of the council was contrary to public policy and invalid. Lord Denning MR said the following.
971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...
Ch 591, 606


See also

* English contract law


Notes

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References

* English contract case law