Hickman v Kent or Romney Marsh Sheepbreeders’ Association [1915] 1 Ch 881

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Facts

  • Article 9 of the Kent or Romney Marsh Sheepbreeders’ Association’s Articles of Association stated that any disputes between the Association and a member should go to arbitration before court.
  • Mr Hickman complained about the Association’s refusal to register his sheep in the “flock book”.
  • He was under threat of being expelled – he commenced proceedings in the High Court.

Issues

  • Was Hickman prevented by Article 9 from commencing court proceedings without prior arbitration?

Held

  • Hickman was restricted by Article 9 – he was contractually bound.
  • The Articles of Association created a contract between members – Hickman was bound by its terms.

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