Regina (POW Trust and Al’s Bar and Restaurant Limited) v The Chief Executive and Registrar of Companies, The Secretary of State for Trade and Industry: Admn 18 Dec 2002

The complainants were companies fined for late delivery of their accounts. They said that the automatic imposition of the fines infringed their rights.
Held: The procedure allowed a challenge in the County Court, and also the manner of the exercise of the registrar’s discretion allowed application for judicial review in appropriate circumstances. The procedure did not infringe the applicants’ rights. However the manual which contained the guidance as to how the registrar’s discretion was to be exercised should be made public.

Judges:

The Hon Mr Justice Lightman

Citations:

Times 02-Jan-2003, Gazette 13-Mar-2003, [2002] EWHC 2783 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 56, Companies Act 1985 242A

Jurisdiction:

England and Wales

Company, Human Rights

Updated: 01 November 2022; Ref: scu.178557