Registrar Of Companies v. Stonelee Developments Ltd [2004] ScotSC 23 (28 May 2004)

Registrar Of Companies v. Stonelee Developments Ltd [2004] ScotSC 23 (28 May 2004)

The period between 30 September 2002 and 31 December 2002 is exactly three months. Applying the corresponding date rule, the penalty for late filing is £100, not £250, as the accounts were filed within three months after the due date. The sheriff was entitled to interpret the statutory provision and determine the appropriate penalty.

Citation
[2004] ScotSC 23
Parties
Pursuer and Appellant: Registrar of Companies; Defenders and Respondents: Stonelee Developments Ltd
Jurisdiction
Scotland
Judgment Date
28 May 2004
Procedural Posture
Appeal by Way of Stated Case (small Claim) / Judgment on Appeal
Outcome
appeal refused
Legal Topics
Late Filing of Company Accounts, Statutory Penalties, Interpretation of Time Periods, Application of Corresponding Date Rule
Company Law Civil Procedure Late Filing of Company Accounts Statutory Penalties Interpretation of Time Periods Application of Corresponding Date Rule

Case Brief

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Parties

Registrar of Companies

Pursuer and Appellant

Stonelee Developments Ltd

Defenders and Respondents

Procedural Posture

Appeal by Way of Stated Case (small Claim) / Judgment on Appeal

Legal Issues

  1. 1 What is the correct penalty under section 242A(2) of the Companies Act 1985 for late filing of accounts?
  2. 2 Does the sheriff have power to raise issues of law not noted at the hearing under rule 9.2(3)(a) of the Small Claim Rules 2002?
  3. 3 How should the period for penalty calculation be interpreted under the corresponding date rule?

Ratio Decidendi

The period between 30 September 2002 and 31 December 2002 is exactly three months. Applying the corresponding date rule, the penalty for late filing is £100, not £250, as the accounts were filed within three months after the due date. The sheriff was entitled to interpret the statutory provision and determine the appropriate penalty.

Court Disposition

appeal refused

Orders

  • answers question 3 in the stated case in the affirmative
  • finds it unnecessary to answer questions 1 and 2