An application was made for the rectfication of the company’s registers.
Held: The claimant’s name had been improperly removed from the register, and therefore he was prima facie entitled to a rectification. However even if rectified, the beneficial ownership of any share would remain unresolved. The appeal was dismissed.
Judges:
Waller LJ, Arden LJ, Sir Martin Nourse
Citations:
[2006] EWCA Civ 14
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Re Sussex Brick Co Ltd 1904
The court should not generally order rectification of a company’s registers where this would prejudice third party rights. Vaughan Williams LJ said: ‘I do not mean for a moment to suggest that any one is entitled to such an order ex debito . .
Appeal from – Smith v Charles Building Services Ltd and Another ChD 22-Apr-2005
The claimant said that his name had been removed from the company register unlawfully. . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 27 November 2022; Ref: scu.237740