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company's house duty of care to company

company's house duty of care to company

Postby preacherman » Wed Jan 20, 2016 10:06 pm

merry Christmas everyone! and a happy new year! oh its a bit late!

anyone know if there is a transcript for this recent case

A High Court judge has ruled that a mistake by Companies House caused a 124-year-old south Wales company to go into administration and owed a duty of care

also, whats the situation in theory if the case was appealed and the decision reversed, but in-between times its submitted as an authority? is it an authority while it remains a court order, if you get what i mean.
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Re: company's house duty of care to company

Postby atticus » Thu Jan 21, 2016 6:29 am

A decision of the High Court has precedent value until it is overruled either on appeal or by another subsequent decision of a higher court.

I remember reading about the case you mentioned. There was a cock up to do with not checking similar names and company numbers.
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Re: company's house duty of care to company

Postby atticus » Thu Jan 21, 2016 6:35 am

The case is Sebry v Registrar of Companies.

Bailii - full judgment

a short summary
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Re: company's house duty of care to company

Postby preacherman » Thu Jan 21, 2016 8:24 am

that is great atticus thanks very much!
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Re: company's house duty of care to company

Postby atticus » Thu Jan 21, 2016 8:35 am

:D
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Re: company's house duty of care to company

Postby preacherman » Thu Jan 21, 2016 3:40 pm

do you think the land registry would have a duty of care for noting or registering a charge for property A against property b?

they gave me an apology and £100.00 as some kind of token gesture, but i still lost possession of the property.
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Re: company's house duty of care to company

Postby atticus » Thu Jan 21, 2016 3:42 pm

which property (A or B)?

When (i.e. within last 6 years?)
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Re: company's house duty of care to company

Postby preacherman » Thu Jan 21, 2016 5:23 pm

atticus wrote:which property (A or B)?

When (i.e. within last 6 years?)



well from memory the charge itself defines what the 'property' means i.e "property means number 10 downing street (followed by postcode county etc)".(obviously not real address posted here) but it was noted against register of 31 downing street, possession of 31 downing street was subsequently obtained.

the charge itself has the written address in a second place (schedule) as 10 downing street, but next to it is the title number of 31 downing street.

have not worked out the time limit yet, depends maybe on when an actual loss in legal terms occurred? possession of property was obtained in 2009, but the charge did not actually become legally registered until maybe 2012 allowing the loss to be completed/legal. if the charge had not been wrongly noted I would not have lost possession.
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Re: company's house duty of care to company

Postby atticus » Thu Jan 21, 2016 5:45 pm

Oh yes, I remember that.

That raises so many questions. For a start, were you proprietor of no 10?
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Re: company's house duty of care to company

Postby preacherman » Thu Jan 21, 2016 9:17 pm

no.

i use to own it many years prior though, but I cant see that having any bearing.(approx 9 years prior to the said charge being drawn and wrongly noted (against 31) i was the proprietor of number 10 but the appropriate changes to the register were made at the time i sold number 10 by the buyers sol, as is standard).

regarding liability/causation or whatever is appropriate term, at the possession hearing the judge clearly stated the claimant would be stuffed if the charge was not registered against the property the claimant was seeking.. it turned out it was not, but was wrongly noted, but it was all a bit to late then.

he said it seems to me the material question is whether the charge is correctly registered against the correct address, the answer is yes, if it were otherwise claimant would be stuffed.
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