Source: All England Reporter
Publisher Citation: [2005] All ER (D) 270 (Nov)
Court: Chancery Division

Peter Cawson QC sitting as a deputy judge of the High Court

Representation Nicola Rushton (instructed by Davies Lavery) for the claimant.
  Felicity Toube (instructed by Radcliffes Le Brasseur) for the first and second defendants.
Judgment Dates: 9 November 2005


Estoppel - Conduct - Convention - Operation of articles of association - Defendants contending claimant estopped from relying on operation of material incorporated into articles - Whether defendants' case for estoppel by convention established - Companies (Tables A to F) Regulations 1985, , Sch 1, reg 81.

The Case

The claimant's applications for declaratory and injunctive relief against the defendants, former directors of two companies, were allowed on the ground that it was not open to the defendants to set up an estoppel by convention to defeat, inter alia, the operation of reg81 of the Schedule to the Companies (Tables A to F) Regulations 1985, , incorporated into the companies articles of association.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.