Версия от 02:08, 4 февраля 2024; EducationBot(обсуждение | вклад)(Новая страница: «{{Английская Википедия/Панель перехода}} {{Use dmy dates|date=April 2022}} {{Infobox Court Case | name = Attorney General v Davy | court = Court of Chancery | image = Coat of arms of Great Britain (1714–1801).svg | date decided = 1 January 1741 | full name = | citations = (1741) [http://www.worldlii.org/int/cases/EngR/1741/14.pdf 26 ER 531], (1741) 2 Atk 212 | judges = | prior actions = | subsequent actions = | opinion...»)
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Attorney General v Davy (1741) 26 ER 531 is a UK company law case, which establishes this small but essential point of law: the default rule is that a majority of a corporate body can determine what it does.
Equivalent rules in contemporary company law are s 168 Companies Act 2006, which allows shareholders to remove directors through a simple majority, Foss v Harbottle which presupposed that a majority of shareholders can always take action to litigate, and the rule in Automatic Self-Cleansing Filter Syndicate Co Ltd v Cuninghame,[1] which raises the requirement to 75% of the shareholders if they are to give instructions to the board.
King Edward VI had incorporated twelve people by name in a charter to elect a chaplain for the church of Kirton, just outside Boston, Lincolnshire. A clause stated that three of the twelve would choose a chaplain for the Sandford church as well, another village within the Kirton parish, with the consent of the majority of Sandford residents. A late vacancy had been created. Two of the three chose a chaplain with the majority of residents' consent, but the third dissented. The question was whether the choice was valid.[2]
Judgment
Lord Hardwicke LC held that the chaplain was validly elected, for a corporate body can act by a majority vote at any duly summoned meeting of members.
↑The Report cites the summary and facts as follows, "Case 169.— in the Vacation of Trin. Term , 1741.
S. G. cited 1 Ves. 419.—Where a certain number are incorporated, a major part of them may do any corporate act, though nothing be mentioned in the charter.
King Edward the Sixth, by charter incorporated twelve persons by name, to elect a chaplain for the church of Kirton, in Lincolnshire , and by another clause three of the twelve were to chuse a chaplain to officiate in the church of Sandford, within the parish of Kirton , with the consent and approbation of the major part of the inhabitants of Sandford.
Upon a late vacancy, two of the three chose a chaplain, with the consent of the major part of the inhabitants of Sandford, the third dissented; and the question was, Whether this was a good choice."
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