- Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Implications of the decision
- Case details
Commercial analysis: Once a real property disposition to which a company is party has been registered, any insufficiency of execution for the company of the contract for the disposition ceases to be relevant. (Obiter), if it had been necessary to decide the point, the court would have held that an unwitnessed signature by a single director of the contract for the disposition was sufficient to satisfy the Law of Property (Miscellaneous Provisions) Act 1989 (not following a dictum of Mr Justice Lewison in Redcard Ltd v Williams). Written by Nicholas Davidson QC at 4 New Square.
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