The applicant said that a signature on a debenture purporting to be his was a forgery. It was argued that the section was capable of validating the signature even if it was a forgery.
Held: The appointment of the administrators under the deed was effective. The applicant had not signed the deed. He had however allowed previous documents to be signed by his partner in his name where he knew of the transaction. In this case he did not. The Act however protected a ‘purchaser’ where it purported to be properly signed, as this document had. The bank was a ‘puchaser’ within section 44(5). ‘Purports’ in subsection (5) ‘operates to refer to the impression a document conveys’ focusing on what appears to be the case rather than what actually is the case.
Judges:
Davis J
Citations:
[2009] EWHC 1143 (Ch), [2009] BCLC 196
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Williams and Others v Redcard Ltd and Others CA 20-Apr-2011
The parties disputed whether the defendant company had effectively executed a contract for the sale of land. Two authorised signatories of the company had signed it, but there was no wording to attribute their acts to the company.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Company, Insolvency
Updated: 26 July 2022; Ref: scu.346318