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England and Wales decisions
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The High Court approved a comprehensive charity scheme to redraft the constitution, clarify governance, membership, director appointments, and the Mahant Swami’s role.
The articles of association were amended by conduct by 1990, entitling each registered unit owner to appoint one director by notice to the company. The claimants were entitled to be entered on the register of members as joint holders of one ordinary share in respect of Unit 3, and to appoint Mr Lawson as director. The board meeting of 28 November 2018 was validly convened and its resolutions validly passed. The purported resolutions of June and November 2021 were invalid and of no effect. The directors' power to refuse registration of the share transfer was lost due to delay beyond the statut…
Source excerpt
Clarke & Anor v Lakha & Ors (Re Bramber Road Management Ltd and Companies Act 2006) [2024] EWHC 51 (Ch) (18 January 2024)
The High Court held that Bramber Road Management Ltd’s articles had been amended by conduct to let each registered member appoint one director by notice.
Charity proceedings over mosque membership rules held that a payment condition for cheque-paying applicants was inconsistent with the Constitution; the claim was dismissed.
Tod v Swim Wales [2018] EWHC 665 (QB) (28 March 2018)
The High Court held there was no implied contract between a volunteer coach and Swim Wales, finding the club-based structure did not create direct legal relations.
The High Court held there was no implied contract between a volunteer coach and Swim Wales. The relationship ran through the club, with no direct legal relations.
Tod v Swim Wales [2018] EWHC 665 (QB) (28 March 2018)
The High Court held that no implied contract existed between a volunteer coach and Swim Wales, because the club-based structure and rules did not create direct legal relations.
The court held that the Graphic Reproduction Federation had not spontaneously dissolved, but ordered its dissolution and distribution of assets to existing undissolved members.
Keene (Trustees of the Graphic Reproduction Federation) v Wellcom London Ltd & Ors [2014] EWHC 134 (Ch) (30 January 2014)
The High Court held the Graphic Reproduction Federation had not spontaneously dissolved, but ordered dissolution as of judgment and directed asset distribution to existing members.
Norbrook Laboratories Ltd & Anor v Carr [2013] EWHC 476 (QB) (22 March 2013)
The High Court addressed Eden Owners’ Association governance disputes, unauthorised conduct, disclosure and privilege, and rejected damages claimed as legal costs.
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