Enderby Town Football Club Ltd v The Football Association Ltd [1971] 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.

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.

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.

Putting the fiction aside, the truth is that the rules are nothing more nor less than a legislative code - a set of regulations laid down by the governing body to be observed by all who are, or become, members of the association.

If they are in unreasonable restraint of trade, they are invalid: see Dickson v Pharmaceutical Society of Great Britain [1967] Ch.

If they lay down a procedure which is contrary to the principles of natural justice, they are invalid: see Faramus v Film Artistes' Association [1964] A.C. 925, 947, per Lord Pearce.

It can leap the fences put up by fictions and come down on *607 the side of justice, as indeed was done in Nagle v Feilden [1966] 2 Q.B.

If that rule were valid, it would prevent the club from bringing any action in the courts without the consent of the council.