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In Re X Ltd: ChD 5 Jun 2001

A was one of two directors of a company. The co-director gave notice to call an extraordinary meeting at which it was proposed that A would be dismissed as a director. A applied to court for an injunction to prevent this, on the grounds that it would cause him irremediable damage. The co-director responded that the court had no power under this section to do so. The judge held that in this case A’s prospects of success were very low, but that the power did exist, and could be exercised in an appropriate case. That would require a reasonable prospect of success, and that an injunction would maintain the status quo, or prevent the substantive action becoming nugatory.

Citations:

Times 05-Jun-2001, Gazette 07-Jun-2001

Statutes:

Companies Act 1985 459

Jurisdiction:

England and Wales

Company

Updated: 10 November 2022; Ref: scu.82305

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