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Re New British Iron [1898] 1 Ch 324

Country:
United Kingdom
  • Company’s articles provided for remuneration of directors at a certain rate. 

  • Issue was whether directors could enforce this.

Held

  • Claimant could not enforce articles in his capacity as director.

  • However a separate contract could be implied upon same terms in article.

  • This separate contract could be enforced.

  • NB Directors’ service contracts must now be evidenced in writing – s.227-229.

    • Thus this result would no longer be possible

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