Harold Holdsworth & Co (Wakefield) Ltd v Caddies

Harold Holdsworth & Co (Wakefield) Ltd v Caddies
Court	House of Lords
Citation(s)	[1955] 1 WLR 352
Keywords
Company constitution, managing director

Harold Holdsworth & Co (Wakefield) Ltd v Caddies [1955] 1 WLR 352 is a UK company law case, concerning the proper interpretation of a company's articles. It held that someone with the title of "managing director" has no special powers, unless the articles say them expressly.

Facts

Mr Holdsworth became the managing director of the textile company after a buyout. But then the parent became dissatisfied and purported to move his duties to a subsidiary. He sued for breach of contract.

Judgment

Earl Jowitt held that the position of managing director did not have some special company law meaning. So the appointment clause was broad enough that if he remained any old director, there was no breach of agreement.

Company constitution cases

Attorney General v Davy (1741) 2 Atk 212

R v Richardson (1758) 97 ER 426

Pender v Lushington (1877) 6 Ch D 70

Automatic Self-Clean. Filter Ltd v Cuninghame [1906] 2 Ch 34

Quin & Axtens Ltd v Salmon [1909] AC 442

Barron v Potter [1914] 1 Ch 895

Hickman v Kent Sheep-Breeders’ Association [1915] 1 Ch 881

Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701

Harold Holdsworth Ltd v Caddies [1955] 1 WLR 352

Bushell v Faith [1970] AC 1099

AG of Belize v Belize Telecom Ltd [2009] UKPC 10

Model Articles (SI 2008/3229)

Companies Act 2006 s 33

see UK company law

UK company law
Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549

Notes

References

External links

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