Igroup Ltd. v Ocwen (An UnLtd. Company) & Ors

Igroup Ltd. v Ocwen (An UnLtd. Company) & Ors

The court has no jurisdiction under section 404 of the Companies Act 1985 to order rectification or amendment of forms or schedules delivered to the Registrar of Companies, as section 404 is limited to particulars entered on the Register of Charges. The court also has no inherent jurisdiction to order rectification of valid documents properly retained by the Registrar.

Parties
Claimant: IGROUP LIMITED; Defendant: OCWEN; Defendant: IGROUP2 LIMITED; Defendant: IGROUP3 LIMITED; Defendant: IGROUP4 LIMITED; Defendant: IGROUP5 LIMITED; Defendant: IGROUP6 LIMITED; Defendant: ORIGINATED MORTGAGE LOANS 1 PLC; Defendant: ORIGINATED MORTGAGE LOANS 2 PLC; Defendant: ORIGINATED MORTGAGE LOANS 3 PLC; Defendant: THE REGISTRAR OF COMPANIES
Jurisdiction
England and Wales
Judgment Date
23 October 2003
Procedural Posture
Part 8 Claim / Judgment
Outcome
Application dismissed
Legal Topics
Rectification of Register of Charges, Jurisdiction of Court, Disclosure of Personal Information, Data Protection, Human Rights
Company Law Rectification of Register of Charges Jurisdiction of Court Disclosure of Personal Information Data Protection Human Rights

Case Brief

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Parties

IGROUP LIMITED

Claimant

OCWEN

Defendant

IGROUP2 LIMITED

Defendant

IGROUP3 LIMITED

Defendant

IGROUP4 LIMITED

Defendant

IGROUP5 LIMITED

Defendant

IGROUP6 LIMITED

Defendant

ORIGINATED MORTGAGE LOANS 1 PLC

Defendant

ORIGINATED MORTGAGE LOANS 2 PLC

Defendant

ORIGINATED MORTGAGE LOANS 3 PLC

Defendant

THE REGISTRAR OF COMPANIES

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction under section 404 of the Companies Act 1985 to order rectification or amendment of forms and schedules delivered to the Registrar of Companies
  2. 2 Whether the court has inherent jurisdiction to order rectification of documents held by the Registrar

Ratio Decidendi

The court has no jurisdiction under section 404 of the Companies Act 1985 to order rectification or amendment of forms or schedules delivered to the Registrar of Companies, as section 404 is limited to particulars entered on the Register of Charges. The court also has no inherent jurisdiction to order rectification of valid documents properly retained by the Registrar.

Court Disposition

Application dismissed