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14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law digest
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Company

Farstad Supply A/S v Enviroco Ltd [2011] UKSC 16, [2011] All ER (D) 55 (Apr)

The definition of “member” in s 22 of the Companies Act 1985 reflected a fundamental principle of UK company law, namely that, except where express provision was made to the contrary, the person on the register of the members was the member to the exclusion of any other person, unless and until the register was rectified.

The legislation made it clear that the member was the person on the register, and where it was necessary to apply the legislation to persons who were not on the register, special provision was made. 

Section 736A(6) of the 1985 Act provided that “rights held” by a person as nominee for another “shall be treated as held by the other”, and s 736A(7) provided in principle that rights attached to shares held by way of security “shall be treated as held by the person providing the security”.

The terms were substantially the same as paras 7 and 8 of Sch 10A to the 1985 Act,

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MOVERS & SHAKERS

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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