Source: All England Reporter
Publisher Citation: [2002] All ER (D) 218 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Ward, Mummery and Jonathan Parker LJJ

Representation V appeared in person.
  David Mabb QC (instructed by Trowers & Hamlins) for the company.
Judgment Dates: 16 October 2002

Catchwords

Practice and procedure - Capacity - Capacity to bring proceedings - Ability of incorrectly constituted company to bring proceedings - Respondent to proceedings having known of incorrect constitution of company - Respondent failing to take any action until proceedings brought.

The Case

In the instant case, where a tenant had not challenged the validity of the appointments of the directors of a company, and had held himself out to be a director of that company, over a period of some eight years during which he now contended that the company had not been properly constituted, the doctrine of laches would apply since it was plainly a gross injustice to the other tenants to challenge the validity of appointments of directors to the company in proceedings now brought by the company in the leasehold valuation tribunal against the tenant.

Practice Areas

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