- Registrar of Companies ordered to remove non-compliant documents (Re Peter Jones (China) Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: The court held that the Registrar of Companies (Registrar) had acted unreasonably by requiring the applicant administrators to make an application to court. The application concerned certain schedules to the statement of affairs that should not have been, but were, filed. The court held that the Registrar had either not exercised his discretion or had exercised it irrationally (in a Wednesbury sense) by placing the schedules on the register and refusing to remove them, even after having been alerted to the fact they should not have been filed. Although judicial review may have been an appropriate avenue to challenge the decision, the court instead held that it was appropriate to make the order, and also ordered the Registrar to pay the administrators’ costs of the application. Written by Samuel Parsons, barrister, at Guildhall Chambers.
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