The claimant had sought an extension of time for registration of his charge over the company’s assets. The judge granted the request but delayed its implementation for 14 days to allow the company or other creditors to object. Companies House practice was to register the charge upon receipt of such an order, but not to issue a certificate until the delay period had expired. By mistake it issued the certificate immediately.
Held: The issue of the certificate had been contrary to the practice and expectations of all involved. Nevertheless, the issue of the certicate was conclusive and binding, and the terms of the original order were no longer operative, and the court had no jurisdiction to intervene.
Citations:
Times 10-Feb-2006
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – In re Charles and Co Ltd 1935
A court granting an order extending the period for registration of a company charge may allow a further delay before registration to allow for objections from other creditors. . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 01 May 2022; Ref: scu.238394
