Kings Court Trust Ltd & Ors v Lancashire Cleaning Services Ltd

Kings Court Trust Ltd & Ors v Lancashire Cleaning Services Ltd

In exceptional circumstances where a company has no officers and urgent action is required to preserve the business, the court may order rectification of the register of members under section 125 Companies Act 2006 to enter executors as shareholders, even before grant of probate.

Parties
Claimant: Kings Court Trust Limited; Claimant: Ms Lois Joanne Talbot; Claimant: Ms Angela Jane Pilling; Defendant: Lancashire Cleaning Services Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim allowed; order granted.
Legal Topics
Rectification of Register of Members, Appointment of Executors as Shareholders, Urgent Relief in Absence of Company Officers
Company Law Probate Law Rectification of Register of Members Appointment of Executors as Shareholders Urgent Relief in Absence of Company Officers

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Parties

Kings Court Trust Limited

Claimant

Ms Lois Joanne Talbot

Claimant

Ms Angela Jane Pilling

Claimant

Lancashire Cleaning Services Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether executors can be registered as shareholders before grant of probate
  2. 2 Whether court can rectify register under section 125 Companies Act 2006 in exceptional circumstances
  3. 3 Whether service of claim form can be dispensed with due to absence of company officers

Ratio Decidendi

In exceptional circumstances where a company has no officers and urgent action is required to preserve the business, the court may order rectification of the register of members under section 125 Companies Act 2006 to enter executors as shareholders, even before grant of probate.

Court Disposition

Claim allowed; order granted.

Orders

  • Service of claim form dispensed with.
  • Register of members rectified to enter names of three claimants as holders of 1,000 £1 ordinary shares and remove Eric Pilling's name.