Burberry Group Plc v Fox-Davies

Burberry Group Plc v Fox-Davies

The request for access to the register of members was not for a proper purpose within the meaning of section 117 of the Companies Act 2006. The real purpose was commercial gain by extracting fees from lost members, with insufficient safeguards regarding confidentiality and security, and the involvement of unknown third parties. The interests of shareholders were not advanced, and the company was justified in refusing access.

Parties
Claimant: Burberry Group PLC; Defendant: Richard Charles Fox-Davies
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Company Law Application / Judgment on Application Under Section 117(3) Companies Act 2006
Outcome
Application granted. The company is directed not to comply with the request.
Legal Topics
Register of Members, Proper Purpose Test, Disclosure of Shareholder Information, Unclaimed Asset Tracing, Section 116 and 117 Companies Act 2006
Company Law Register of Members Proper Purpose Test Disclosure of Shareholder Information Unclaimed Asset Tracing Section 116 and 117 Companies Act 2006

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Burberry Group PLC

Claimant

Richard Charles Fox-Davies

Defendant

Procedural Posture

Company Law Application / Judgment on Application Under Section 117(3) Companies Act 2006

Legal Issues

  1. 1 Whether the request for inspection/copy of the register of members was valid under section 116 of the Companies Act 2006
  2. 2 Whether the purpose for seeking access to the register was proper under section 117 of the Companies Act 2006

Ratio Decidendi

The request for access to the register of members was not for a proper purpose within the meaning of section 117 of the Companies Act 2006. The real purpose was commercial gain by extracting fees from lost members, with insufficient safeguards regarding confidentiality and security, and the involvement of unknown third parties. The interests of shareholders were not advanced, and the company was justified in refusing access.

Court Disposition

Application granted. The company is directed not to comply with the request.

Orders

  • The company shall not comply with the request for inspection or copy of the register of members.