The court’s power to order a company meeting to be held is not to be construed so as to allow court to break a deadlock artificially by resolving an impasse between equal shareholders. Citations: Times 04-Jul-1997, Gazette 16-Jul-1997 Statutes: Companies Act 1985 371 Jurisdiction: England and Wales Company Updated: 06 November 2022; Ref: scu.88870
Judges: Mr R Sheldon OC Citations: [2004] EWHC 744 (Ch), [2005] BCC 123, [2004] 2 BCLC 224 Links: Bailii Statutes: Companies Act 1985 371 Jurisdiction: England and Wales Company Updated: 21 October 2022; Ref: scu.443584
Citations: [2003] EWCA Civ 180, [2004] BCC 37, [2003] 1 BCLC 453 Links: Bailii Statutes: Companies Act 1985 371 Jurisdiction: England and Wales Company Updated: 17 October 2022; Ref: scu.181116
A company can arrange EGM in breach of requirements to avoid disruption of meeting. Citations: Times 04-Mar-1995 Statutes: Companies Act 1985 371 Jurisdiction: England and Wales Company Updated: 25 July 2022; Ref: scu.82233
Shareholders of one class sought an order under section 371 which would have had the effect of overriding the class rights of another shareholder. The meeting was proposed to remove two directors who did not have the protection of a shareholder’s agreement. Held: The Court does not have a power under section 371 to order … Continue reading BML Group Ltd v Harman and Another: CA 8 Apr 1994
ellinikiECJ1991 National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, … Continue reading Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas: ECJ 18 Jun 1991
