Friday 29 April 2016

Gibraltar: Court of Appeal judgment on the restoration of companies to the register

Last month it was held by Mr Justice Jack, sitting in the Supreme Court, that the Registrar of companies and court did not have the power, under the Companies Act 2014 (pdf), to restore to the register a company that had been struck off under the Companies Act 1930 (pdf): see here (pdf). An appeal was promptly made and heard; and, a week or so ago, the Court of Appeal (Sir Colin Rimer JA, Dame Janet Smith JA and Dudley CJ) gave judgment: see here (pdf).

The court unanimously held that a company struck off the register under the 1930 Act (the predecessor of the 2014 Act) could be restored to the register, finding that a right of restoration continued, notwithstanding the repeal of the 1930 Act, in accordance with section 33 ("Effect of repeal") of the Interpretation and General Clauses Act 1962 (pdf). Further information, and clarification concerning the application process for restoration, has been provided by Companies House Gibraltar: see here (pdf).

No comments: