Edwards v Halliwell

Facts

A trade union's rules required a two-thirds majority of a ballot to raise subscriptions. A delegate meeting raised them without a ballot.

Issue

Could members sue?

Held

Yes. Where an act needs a special majority, a simple majority cannot ratify it, and the members' personal rights had been infringed.

Principle

Foss v Harbottle does not apply where a special majority is needed, or to members' personal rights.

Why it matters

It lists the exceptions to Foss v Harbottle.

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