''Hickman v Kent or Romney Marsh Sheep-Breeders’ Association''
915
Year 915 ( CMXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Battle of Garigliano: The Christian League, personally led by Pope John X, lays s ...
1 Ch 881 is a
UK company law case, concerning the proper
interpretation of a company's articles, and whether a company member could be bound by its terms.
Facts
Article 49 said disputes between the association and a member should go to arbitration, before court. Mr Hickman complained about refusal to register his sheep in the published flock book and was under threat of being expelled. He started proceedings in the High Court and the association sought an injunction.
Judgment
Astbury J held that the articles prevented Mr Hickman: there was a contract. He was bound. The predecessor to the
Companies Act 2006
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law.
The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely ...
section 33 creates a contract, which affects members in their capacity as members, though not in a special or personal capacity (e.g. as director). As a member, Mr Hickman was bound to comply with the company procedure for arbitrating disputes and could not resort to court.
See also
*
UK company law
Notes
{{reflist, 2
References
*
United Kingdom company case law
High Court of Justice cases
1915 in case law
1915 in British law
Sheep farming in the United Kingdom