Ceredigion Recycling & Furniture Team v Pope

Ceredigion Recycling & Furniture Team v Pope

The Court of Appeal has no inherent jurisdiction to reopen a refusal of permission to appeal outside the strict criteria of CPR 52.30. The applicant failed to demonstrate that the integrity of the permission to appeal process was critically undermined or that any real injustice occurred. Section 39 of the Companies Act 2006 does not allow directors/members to override the company's constitution or relieve them of liability for breach of duty. The application to reopen was therefore dismissed.

Parties
Claimant/respondent: Ceredigion Recycling & Furniture Team; First Defendant/applicant: Clifford Pope; Second Defendant/second Respondent: Allison Cann
Jurisdiction
England and Wales
Judgment Date
14 January 2022
Procedural Posture
Civil Appeal / Application to Reopen Refusal of Permission to Appeal
Outcome
Application to reopen refusal of permission to appeal dismissed
Legal Topics
Directors' Duties, Ultra Vires Doctrine, Company Capacity, Appeal Procedure, Reopening Appeals
Company Law Civil Procedure Directors' Duties Ultra Vires Doctrine Company Capacity Appeal Procedure Reopening Appeals

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Parties

Ceredigion Recycling & Furniture Team

Claimant/respondent

Clifford Pope

First Defendant/applicant

Allison Cann

Second Defendant/second Respondent

Procedural Posture

Civil Appeal / Application to Reopen Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has inherent jurisdiction to reopen a refusal of permission to appeal outside CPR 52.30
  2. 2 Whether the abolition of the ultra vires doctrine by section 39 of the Companies Act 2006 allows directors/members to bind the company contrary to its constitution
  3. 3 Whether the criteria for reopening an appeal under CPR 52.30 are satisfied

Ratio Decidendi

The Court of Appeal has no inherent jurisdiction to reopen a refusal of permission to appeal outside the strict criteria of CPR 52.30. The applicant failed to demonstrate that the integrity of the permission to appeal process was critically undermined or that any real injustice occurred. Section 39 of the Companies Act 2006 does not allow directors/members to override the company's constitution or relieve them of liability for breach of duty. The application to reopen was therefore dismissed.

Court Disposition

Application to reopen refusal of permission to appeal dismissed

Orders

  • Application to reopen refusal of permission to appeal is dismissed
  • Stay of proceedings at first instance is lifted