Briggs v South Eastern Recovery III Plc [1999] ScotCS 226 (28 September 1999)

Briggs v South Eastern Recovery III Plc [1999] ScotCS 226 (28 September 1999)

The interlocutor granting interim interdict is recalled as the purpose is spent; the meeting cannot be reconvened and there is no continuing apprehension of the alleged wrongful conduct. Failure to specify the appointment of directors in the notice does not render the entire meeting ultra vires, nor justify interdict against reconvening the meeting.

Citation
[1999] ScotCS 226
Parties
Pursuer: John Briggs; Defender: South Eastern Recovery III Plc
Jurisdiction
Scotland
Judgment Date
28 September 1999
Procedural Posture
Civil / Motion for Recall of Interim Interdict
Outcome
Interim interdict recalled
Legal Topics
Extraordinary General Meeting, Articles of Association, Appointment of Directors, Notice Requirements, Interim Interdict
Company Law Extraordinary General Meeting Articles of Association Appointment of Directors Notice Requirements Interim Interdict

Case Brief

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Parties

John Briggs

Pursuer

South Eastern Recovery III Plc

Defender

Procedural Posture

Civil / Motion for Recall of Interim Interdict

Legal Issues

  1. 1 Whether the EGM convened on 26 July 1999 was unlawfully convened and ultra vires
  2. 2 Whether interim interdict preventing reconvening of the EGM should be recalled
  3. 3 Whether failure to specify appointment of directors in the notice invalidated the meeting

Ratio Decidendi

The interlocutor granting interim interdict is recalled as the purpose is spent; the meeting cannot be reconvened and there is no continuing apprehension of the alleged wrongful conduct. Failure to specify the appointment of directors in the notice does not render the entire meeting ultra vires, nor justify interdict against reconvening the meeting.

Court Disposition

Interim interdict recalled

Orders

  • Recall of the Lord Ordinary's interlocutor of 4 August 1999 granting interim interdict