Hurst v Crampton Bros (Coopers) Ltd & Ors [2002] EWCA Civ 1384 (9 August 2002)

Hurst v Crampton Bros (Coopers) Ltd & Ors [2002] EWCA Civ 1384 (9 August 2002)

Section 55(1) of the Access to Justice Act 1999 applies to this appeal; no important point of principle or compelling reason for a second appeal is raised; the judge's construction of Article 8(B) was correct and the pre-emption rights were triggered by the execution of the stock transfer form; waiver was not properly pleaded or relied upon and cannot now be raised.

Citation
[2002] EWCA Civ 1384
Parties
Claimant/respondent: Brian Hurst; Defendant/applicant: Crampton Bros (Coopers) Ltd; Defendant/applicant: Stephen Breen; Defendant/applicant: Jack Pennington
Jurisdiction
England and Wales
Judgment Date
09 August 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Decision on Appeal
Outcome
Application for permission to appeal refused with costs.
Legal Topics
Pre Emption Rights, Share Transfer, Articles of Association, Appeal Procedure, Waiver
Company Law Civil Procedure Pre Emption Rights Share Transfer Articles of Association Appeal Procedure Waiver

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Parties

Brian Hurst

Claimant/respondent

Crampton Bros (Coopers) Ltd

Defendant/applicant

Stephen Breen

Defendant/applicant

Jack Pennington

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal From High Court Decision on Appeal

Legal Issues

  1. 1 Whether pre-emption rights under Article 8(B) of the Articles of Association were triggered by execution of a stock transfer form for shares
  2. 2 Whether section 55(1) of the Access to Justice Act 1999 applies to appeals from High Court decisions on appeal
  3. 3 Whether there was a waiver of pre-emption rights

Ratio Decidendi

Section 55(1) of the Access to Justice Act 1999 applies to this appeal; no important point of principle or compelling reason for a second appeal is raised; the judge's construction of Article 8(B) was correct and the pre-emption rights were triggered by the execution of the stock transfer form; waiver was not properly pleaded or relied upon and cannot now be raised.

Court Disposition

Application for permission to appeal refused with costs.

Orders

  • Application for permission to appeal refused.
  • Application for stay refused.