Q&As

How can a party discontinue a debt claim brought against a company which, since proceedings commenced, has been struck off the Register? Where will the Notice of Discontinuance need to be served? Note: the company adopted the Model Articles: Private (Ltd by Shares) and was dissolved by compulsory strike off.

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Produced in partnership with Philip Roberts of Clarke Wilmott LLP
Published on LexisPSL on 10/01/2018

The following Dispute Resolution Q&A produced in partnership with Philip Roberts of Clarke Wilmott LLP provides comprehensive and up to date legal information covering:

  • How can a party discontinue a debt claim brought against a company which, since proceedings commenced, has been struck off the Register? Where will the Notice of Discontinuance need to be served? Note: the company adopted the Model Articles: Private (Ltd by Shares) and was dissolved by compulsory strike off.

To discontinue a claim, CPR 38.3(1)(b) requires that a notice of discontinuance be served on all parties in the proceedings. However, in the event that a company is dissolved and removed from the register, it will cease to exist and would no longer be in a position to defend against proceedings. As the company has ceased to exist, any service on it would seem to be unnecessary, although it may be sensible to nonetheless attempt service on the registered office (or any other

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