Reviewed case brief
Edwards v Halliwell
[1950] 2 All ER 1064
The Court of Appeal systematically identified and catalogued the exceptions to the rule in Foss v Harbottle. Where the impugned act is ultra vires, requires a special majority that was not obtained, constitutes fraud on the minority by those in control, or infringes individual membership rights, an
- Court
- Court of Appeal
- Year
- 1950
- Subjects
- Company Law
- Reviewed
- 2026-06-30
Rule established
Four exceptions to the rule in Foss v Harbottle: (1) ultra vires or illegal acts; (2) acts requiring special majority passed by simple majority; (3) fraud on the minority where wrongdoers control the company; (4) infringement of individual membership rights.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
[1950] 2 All ER 1064
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.