Success for Andrew Vinson in dispute between rugby club and its members

August 8, 2024

In a case at the Business & Property Courts (Chancery Division), Andrew Vinson from Exchange Chambers has successfully acted in a dispute between a well-known rugby club and a large group of its members.

Two years ago, the company running the rugby club held an Emergency General Meeting at which it sought to expel 57 members who formed a group within its membership en masse. It was not suggested that those members had done anything wrong. That vote was purportedly carried in favour of the club.

Despite criticism of the process which led to that meeting and vote, the club maintained that it had acted correctly and lawfully.

As a result, a claim was issued seeking declarations that the meeting and the vote had not been valid and that those members remained members of the club.

That claim succeeded following a trial with the Judge declaring that the vote was of no effect and that all of the affected members did not cease to be members of the Club as a result. The Judge found that there had been “a woeful failure to comply with the requirements as to service” of notice of the meeting and the resolution seeking to remove the members in question.

The claim is a reminder of the need to make sure that the correct procedure, whether set out in statute or a company’s constitution is followed when seeking to call meetings and pass resolutions, particularly when the subject matter is controversial.

Andrew Vinson was instructed by Richard Staton at Bradford & Son Solicitors.