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Law in 101 words

29 September 2011 / Roderick Ramage
Issue: 7483 / Categories: Blogs
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Snippets from The Reduced Law Dictionary, by Roderick Ramage

Duomatic

In re Duomatic Ltd (1969) Buckley J said: “I proceed on the basis that where it can be shown that all shareholders who have a right to attend and vote at a general meeting of the company assent to some matter which a general meeting of the company could carry into effect, that assent is as binding as a resolution in general meeting would be.” The principle has its origins in Salomon v Salomon (1897). The assent, however, of just one of several beneficial owners of a share held on trust is not sufficient for Duomatic purposes: Rolfe v Rolfe (2010).

First-class non service

The Road Traffic Offenders Act 1988, s1(2) creates an irrebutable presumption of the service of a notice sent by registered post or recorded delivery. If a document is sent by first-class post, there is merely a rebutable presumption that it will be delivered on the second business day after despatch, so service (on the second day) will be presumed unless (ib s1(3)) the contrary is proved. A motorist’s conviction

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