The claimant, a member of the company, a charitable company limited by guarantee, sought a list of the company’s members. This was refused, and the court used a discretion not to order the list to be produced. The applicant sought to lead a group intending to remove the present board of directors. He appealed on the basis that his motives were irrelevant, and no such discretion existed. The company argued that the release of the names would breach the Data Protection Act. The court held that the words of the section created a discretion. It would not be a breach of the 1984 Act to release the list, but the purpose of the section and the parties could better be met by an appropriate arrangement for him to be allowed to contact the members through the company.
Judges:
Lord Justice Jonathan Parker, Lord Justice Mummery, Mr Justice Wilson
Citations:
[2001] EWCA Civ 1280, [2002] 1 BCLC 645, [2002] 2 All ER 440,
Links:
Statutes:
Companies Act 1985 356 (6), Data Protection Act 1984 34
Jurisdiction:
England and Wales
Citing:
Cited – Armstrong v Sheppard and Short Ltd CA 1959
The plaintiff had a path at the rear of his property. The defendant constructed a sewer under the path, and asked the plaintiff for permission. He gave it informally, not knowing at the time that he owned the land. The sewer was constructed. Though . .
Lists of cited by and citing cases may be incomplete.
Company, Information
Updated: 01 June 2022; Ref: scu.159872
