Burberry Group Plc v Fox-Davies [2015] EWHC 222 (Ch) (09 February 2015)

Burberry Group Plc v Fox-Davies [2015] EWHC 222 (Ch) (09 February 2015)

The real purpose of the request was commercial self-interest and extraction of commission from lost members; insufficient security and transparency; request failed to comply with mandatory requirements of s.116(4); not in shareholders' interests; request not for a proper purpose under s.117.

Citation
[2015] EWHC 222 (Ch)
Parties
Claimant: Burberry Group PLC; Defendant: Richard Charles Fox-Davies
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Companies Court Application Under Companies Act 2006 S.117(3) / Judgment on Application for Direction Not to Comply With Request for Register of Members
Outcome
Application granted; company directed not to comply with request.
Legal Topics
Register of Members, Proper Purpose, Asset Tracing, Disclosure of Personal Data
Company Law Data Protection Register of Members Proper Purpose Asset Tracing Disclosure of Personal Data

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Parties

Burberry Group PLC

Claimant

Richard Charles Fox-Davies

Defendant

Procedural Posture

Companies Court Application Under Companies Act 2006 S.117(3) / Judgment on Application for Direction Not to Comply With Request for Register of Members

Legal Issues

  1. 1 Whether the request for inspection/copy of the register of members was made for a proper purpose under Companies Act 2006 s.117
  2. 2 Whether the request complied with mandatory requirements of s.116(4)
  3. 3 Whether the company should be directed not to comply with the request

Ratio Decidendi

The real purpose of the request was commercial self-interest and extraction of commission from lost members; insufficient security and transparency; request failed to comply with mandatory requirements of s.116(4); not in shareholders' interests; request not for a proper purpose under s.117.

Court Disposition

Application granted; company directed not to comply with request.

Orders

  • Burberry Group PLC shall not comply with Richard Charles Fox-Davies' request for inspection/copy of register of members under Companies Act 2006 s.117(3).