Source: All England Reporter
Publisher Citation: [2006] All ER (D) 40 (Feb)
Neutral Citation: [2006] EWHC 109 (Ch)
Court: Chancery Division
Judge:

Michael Furness QC sitting as a deputy judge of the High Court
Representation 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.
Judgment Dates: 3 February 2006

Catchwords

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).

The Case

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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