Dawkins v. Antrobus

Colonel Dawkins (plaintiff), a member of a private club, mailed an envelope to a lieutenant general and fellow club member that referred to the lieutenant general as dishonorable. Club rules provided that a member could be expelled for conduct that was “injurious to the character and interests of the club” if the member refused a committee recommendation to resign voluntarily and a majority vote approved the expulsion at a general meeting. The committee and governing body of the club issued a letter to the colonel, requesting he admit that he sent the envelope. After comparing the handwriting of the colonel’s letter with the handwriting on the envelope, the committee determined he was responsible and requested an explanation. The colonel again declined, and the committee recommended voluntary resignation. The colonel did not resign, so the committee provided notice of a general meeting, at which the members voted in favor of expulsion. The colonel sought injunctive relief and a declaration that the expulsion was improper, alleging that notice of the meeting was insufficient and that most of the committee members had affiliations with the lieutenant that unfairly influenced their decision. The master of the rolls found the expulsion proper and dismissed the claim, finding no proof of malice. The colonel appealed.