A determined group has failed on its bid to reopen the Royal British Legion club in Newquay.
Justice Griffiths at the Cardiff High Court has ruled an application for a judicial review brought by former committee members Alan Goudge, Paula Marcelis and Jill Bernard is to be refused as it is “totally without merit.”
The claimants took the Financial Conducts Authority, the Royal British Legion (Newquay) Club Ltd and Cornwall Council, which owns the land the club in Trevena Terrace occupies, to court in order to give them the powers to form a new committee and reopen the club.
The claimants argued the original meeting called by the committee to close the club did not have sufficient members present in attendance and that members were “misled” about conditions of the closure.
The RBL club, which has been operating since 1948, controversially closed in September 2023 after the committee members, who had resigned a month earlier, were unable to pay debts which are understood to be in the region of £87,000.
Mr Goudge said: “In October 2023 the standing committee of the Newquay Royal British Legion Club an entity totally diverse from the branch held an extraordinary general meeting to close the Royal British Legion club with a debt of £80,000.
“This from our part as the claimants decided to apply for a judicial review to enquire about the legality of the extraordinary general meeting and subsequent actions and financial implications that have yet to be resolved.
“One would expect that ordinarily the club would have gone into administration. As yet it has still not gone into liquidation.
“We are grateful to the judge for making certain findings and also not making other aspersions on other findings.
“He has also given us directions to our route of appeal which potentially have many legal arguments.
“We shall seek further clarification to overturn the decision at the Court of Appeal in London.
“We have now 21 days to file our appeal at the Court of Appeal, which we shall file promptly.
“We would like to thank everyone who has supported us thus far and we are more determined than ever to be back in our Royal British Legion Club in 2025.”
Justice Griffiths said: “The application for permission to apply for judicial review and the associated applications made by the claimants are refused.
“The claimants’ applications are certified as totally without merit.
“It is not arguable that the first defendant failed to adopt a fair procedure before making its decision. It considered the representations which had been made and the evidence available to it.
“The second defendant had itself called a general meeting and this made it reasonable for the first defendant even if the claimants had not failed the three stage requirements of section 106 not to call such a meeting under section 106.
“The other grounds alleging misconduct and conspiracy by the first defendant have no substance or realistic prospect of success.
“The second and third defendants are not amenable to judicial review.”