Issuing Proceedings Against A Dissolved Company

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The Court looked at the factors that led to the Company being dissolved in the first place and the reasons for the restoration. The Court was asked to consider if the limitation clock (the time period to bring a claim) could be extended to enable the Company to bring a claim.…

Issuing court proceedings against a dissolved company Once a company has been dissolved, it loses its legal status and it would not be possible to issue court proceedings against a dissolved company unless the dissolved company is restored to the company register.…

From both a legal and a common sense perspective, a company that has been dissolved has no legal personality, as it does not exist. It therefore stands to reason that any proceedings started by or against such a company prior to its dissolution cannot continue provided the company remains dissolved.…

Potentially you have a claim against the directors. The fact that you assisted in screwing[***] yourself over by winding the company up, and paying the fee, is likely to go against you in any proceedings. Whether it is worth pursuing is likely to be down to how much is owed, but you are probably better off taking this as an expensive lesson.…

In some cases, it may be possible to make a personal injury claim against director of dissolved company. There would need to be extenuating circumstances, such as the individual being largely responsible for the personal injury, due to gross negligence, recklessness or criminal activities.…

Nov 06, 2014 · The limited company was then restored to the register and a notice was placed in the London Gazette. I immediately issued court proceedings against the limited company and their insurers nominated solicitors to accept service of proceedings. The case was settled by the insurers for a significant five figure sum.…

However, no claim can be brought against a company once it has been dissolved after completion of the liquidation, as it will have lost its legal identity. In order to bring a claim against a dissolved defendant, the relevant company would first need to be restored to the Register of Companies.…

Proceedings can only be commenced, or continued with, against the company in administration either with the consent of the administrator (if they have been appointed), or the leave of the court. For further reading on the process of applying to lift the administration moratorium and the factors the court will take into account, see:…

Oct 23, 2012 · Of course, a claimant should always do careful searches on the proposed defendants and so issuing proceedings against a dissolved company before applying for a ……

against the company or LLP and pursuant to section 1030(1), the application can be brought at any time for the purpose of bringing proceedings against the company (or LLP) for damages for personal injury.…