The claimant sought damages in negligence and breach of statutory duty, saying that a failure by the defendants to maintain the correctness of its registers led to losses causing the insolvency of his company. The defendant had filed a note of a winding up order against the wrong (but similarly named) company.
Held: ‘the Registrar owes a duty of care when entering a winding up order on the Register to take reasonable care to ensure that the Order is not registered against the wrong company. That duty is owed to any Company which is not in liquidation but which is wrongly recorded on the Register as having been wound up by order of the court. The duty extends to taking reasonable care to enter the Order on the record of the Company named in the Order, and not any other company. It does not extend to checking information supplied by third parties. It extends only to entering that information accurately on the Register.’
Edis J
[2015] EWHC 115 (QB), [2016] 1 WLR 2499, [2015] 4 All ER 681, [2015] BCC 236, [2015] 1 BCLC 670
Bailii
Companies Act 2006 108
England and Wales
Administrative, Negligence
Updated: 27 December 2021; Ref: scu.541767