company law Cases

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Hickman v Kent or Romney Marsh Sheep-Breeders' Association [1915] 1 Ch 88 Case Summary

'Outsider rights'

The question of whether a person who is not a member of the company has rights to sue on the ‘statutory contract' provide by what is now section 33 of the Companies Act 2006 was considered.

It was held that an outsider to whom rights are purportedly given by the company's articles in his capacity as an outsider cannot sue in that capacity, whether he is also a member of the company or not.