Eley v Positive Life [1875] 1 Ex D 88
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:05:15 UTC
Articles stated that Claimant was to be the solicitor of Positive Life. However he was not appointed so sued for breach of the articles.
At time articles were created, Claimant was not a member. However by time Claimant brought action, Claimant was a member.
Held
Claimant could not enforce the articles.
This because outsiders to company cannot enforce rights purportedly granted to them under articles.
Articles only have legal effect as between members.
NB court did not look at all at whether fact that Claimant had subsequently become a member meant he had right to enforce articles…
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