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Eley v Positive Life

[1875] 1 Ex D 88

Case summary last updated at 20/01/2020 19:56 by the Oxbridge Notes in-house law team.

Judgement for the case Eley v Positive Life

Articles stated that C 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, C was not a member. However by time C brought action, C was a member. Held:
 
·        C 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 C had subsequently become a member meant he had right to enforce articles…

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