header-logo header-logo

Company—Execution of documents—Signature

05 May 2011
Issue: 7464 / Categories: Case law , Law reports
printer mail-detail

Williams and others v Redcard Ltd and others [2011] EWCA Civ 466, [2011] All ER (D) 214 (Apr)

Court of Appeal, Civil Division, Mummery, Hughes and Black LJJ, 20 Apr 2011

Under s 44 of the Companies Act 2006, a company document may be validly signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed “for or on behalf of the company”.

Timothy Dutton (instructed by Bircham Dyson Bell LLP) for the claimants. Evan Ashfield (instructed by Davies Battersby) for the defendants.

The defendant company was named as a party to a contract of July 2008 and a supplementary agreement of January 2009 (the agreement). The contracts included the sale of a residential property to the claimants. The agreement varied the completion date and confirmed the earlier contract in all other respects. The agreement bore various signatures under the words “Signed...seller”, including those of two individuals who were authorised signatories of the defendant. The documents did not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Blake Morgan—Daniel Church

Blake Morgan—Daniel Church

Succession and tax team welcomes partner inLondon

Maguire Family Law—Jennifer Hudec

Maguire Family Law—Jennifer Hudec

Firm appoints senior associate to lead Manchester city centre team

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
back-to-top-scroll