References: [1865] EngR 543, (1865) 6 B & S 672, (1865) 122 ER 1343
Links: Commonlii
Coram: Cockburn CJ
The court was asked as to the purported alteration of the rules of a friendly society which the registrar had refused to register. The two alleged defects were: i) The meeting of the society was held in Manchester (where the majority of members lived), rather than in Liverpool as the rules required; ii) The meeting was held at 2 pm although the rules contemplated night meetings. There were also objections to the new rules themselves, but those objections did not relate to the conduct of the meeting.
Held: Cockburn CJ said in argument that those objections were small and could be cured. However, the meeting was nevertheless invalid. Although the society itself could change the place of meeting, the officers could not, and in consequence: ‘The meeting was at a place where it could not legally be held, which renders the rules agreed to at it altogether null and void . . ‘
This case is cited by:
- Cited – Speechley and Others -v- Allott and Others CA (Bailii, [2014] EWCA Civ 230)
The parties disputed the management of a social club. The club owned a bowling green, and bowling members sought to restrain its closure. The appellants now said that the court should not have found at first instance that a meeting had validly . .