||All England Reporter
|| All ER (D) 40 (Feb)
|| EWHC 109 (Ch)
Michael Furness QC sitting as a deputy judge of the High Court
||Nisar Khan (instructed by The Law Partnership) for the claimant.
||Marcia Shekerdemian (instructed by Matthew Arnold & Baldwin) for the joint administrators.
||Philip Jones (instructed by the Treasury Solicitor) for the Registrar of Companies.
||3 February 2006
Company - Charge - Registration - Claimant creditor applying for extension of time for registration of charge - Certificate of registration issued to claimant before administrators' application to revoke order extending time - Effect of certificate on validity of charge - Whether charge valid - Whether order should be set aside - , s 401(2).
In the light of s401(2) of the and established case authority, it was clear that the certificate of registration of a charge was conclusive evidence that all the requirements as to registration had been satisfied. In the instant case, the joint administrators' application for a declaration that the claimant's charge was void for want of registration or was otherwise unenforceable would be refused in circumstances where the claimant had obtained a certificate of registration in respect of that charge.
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