Case date 2022-08-31
Case type Public Law
Practice area Litigation
Delroy Duncan KC and Ryan Hawthorne were instructed by the Registrar of Companies. The case involved judicial review proceedings against the decision of the Registrar to register certificates of cancellation and issue certificates of deposit in relation to limited and exempted partnerships under the Limited Partnerships Act 1883 (LPA) and the Exempted Partnerships Act 1992 (EPA). The Judgment considers the interplay between statutory interpretation and public law.
The Court found that the LPA and EPA imposed a mandatory obligation on the Registrar to register certificates of the cancellation once they had been delivered in the form provided by the legislation: there is no duty to make any additional inquiries, the mandatory obligation to register is part of the Registrar’s duty to maintain the register. The decision has been appealed to the Court of Appeal.