Source: All England Reporter
Publisher Citation: [2002] All ER (D) 439 (Mar)
Court: Chancery Division

Roger Kaye QC sitting as a deputy judge of the High Court

Representation Simon Mortimore QC and Carolyn Walton (instructed by Nabarro Nathanson) for the claimant.
  Gabriel Moss QC and Jeremy Goldring (instructed by Ashurst Morris Crisp) for the defendant.
Judgment Dates: 27 March 2002


Company - Charge - Registration - Charge over Scottish company's shareholding in another company - Charge not having been registered in accordance with legislation insofar as provisions applying to charge - Whether fixed or floating charge - Pt 12, Ch 2, s 410.

The Case

In proceedings by which the administrators of a company ought the determination of the court as to whether or not the defendant had valid security over assets charged to it under the terms of a guarantee and debenture, the court ruled, giving effect to the provisions of Ch2 of Pt12 of the which concerned the registration of charges created by companies registered in Scotland, that the charge was a fixed charge which was valid as against the administrators.

Practice Areas

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