Source: All England Reporter
Publisher Citation: [2002] All ER (D) 264 (Jul)
Court: Chancery Division
Judge:

Michel Kallipetis QC sitting as a deputy judge of the High Court

Representation Alison MacLennan (instructed by Bates Wells & Braithwaite) for the company.
  The claimant appeared in person.
Judgment Dates: 16 July 2002

Catchwords

Charity - Company - Membership of charity - Claimant seeking orders in relation to membership of certain charity - Defendant charity company limited by guarantee - Company contending claimant lacking standing to bring proceedings - Company further contending claimant not member of company - Whether claimant having right to bring proceedings - Whether claimant member of company - .

The Case

The claimant's application for an order restraining the defendant company from acting on resolutions passed at its annual general meeting, inter alia, until members were served with notice of the resolutions under consideration was dismissed on the ground that the company was a charity and as the claimant had not obtained the necessary authority from the charity commissioners pursuant to s33(1) of the she lacked the standing to bring the proceedings.

Practice Areas

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