| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 167 (Jul) |
| Court: | Chancery Division |
| Judge: | Lindsay J |
| Representation | Anthony Trace QC and Michael Gibbon (instructed by Masons) for the applicant. |
| Martin Moore QC (instructed by Ashurst Morris Crisp) for the respondents. | |
| Judgment Dates: | 9 July 2003 |
Catchwords
Companies - Meeting - Convening of meeting - Power of court to order meeting - Impracticability of conducting meeting in manner prescribed by company's articles - Consideration of relevant facts - s 371.
The Case
On the applicant's application for an order pursuant to s371 of the restraining the second to sixth defendants from acting as chairman of an extraordinary general meeting of the first defendant company, the court decided that it had no jurisdiction to make the order sought, since on the facts, it could not find the impracticability required by s371 of the 1985 Act.
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