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Edwards v Halliwell
Edwards v Halliwell
Royal Coat of Arms of the United Kingdom.svg
CourtCourt of Appeal of England and Wales
Citation(s)[1950] 2 All ER 1064
Case opinions
Jenkins LJ
Keywords
Corporate litigation

Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules.

Facts

Some members of the National Union of Vehicle Builders sued the executive committee for increasing fees. Rule 19 of the union constitution required a ballot and a two third approval level by members. Instead a delegate meeting had purported to allow the increase without a ballot.

Judgment

Jenkins LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple majority can make an action binding, then no case can be brought. But there are exceptions to the rule. First, if the action is ultra vires a member may sue. Second, if the wrongdoers are in control of the union's right to sue there is a "fraud on the minority", and an individual member may take up a case. Third, as pointed out by Romer J in Cotter v National Union of Seamen[1] a company should not be able to bypass a special procedure or majority in its own articles. This was relevant here. And fourth, as here, if there is an invasion of a personal right. Here it was a personal right that the members paid a set amount in fees and retain membership as they stood before the purported alterations.

Jenkins LJ gave the following reasons.

See also

Notes

  1. ^ [1929] 2 Ch 58
  2. ^ L. S. Sealy, Cases and Materials in Company Law, 2nd Edition, 1989, Butterworths-London, England

References

Edwards v Halliwell News

  • Residents return to fire at house in Halliwell

    BBC Manchester Sports - Jan 25
    RESIDENTS at a house in Halliwell returned to a fire that had broke out in a bedroom. Residents return to fire at house in Halliwell (From The Bolton News) Residents return to fire at house in... more
  • EDWARD FLETCHER

    LouisvilleKy.gov - Jan 27
    REMARKS:  Wanton Endangerment 1st Degree     ***Bond To Be Set Upon Arrest***   Race/Sex: B/M Height: 6'1" Age: 41 Weight: 180     Hair: Black     Eyes: Brown   E-2090065 more
  • EDWARD A. WELLS, SR.

    Times Herald-Record - Middletown... - Jan 21
    Edward A. Wells, Sr., a 41 year resident of Chester, New York died at St. Anthony Community Hospital on January 19, 2015. He was 70 years of age. Edward was born to the late George and Adele Wells... more

Answers

  • Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and... more
  • dues, was the basis for the 1950 court case Edwards v Halliwell. It merged with the Transport and General Workers' Union (TGWU) in 1972, forming a new... more
  • Indiana v. Edwards, was a United States Supreme Court case in which the Court held that the standard for competency to stand trial was not linked to... more

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