Q&As

What do I need to consider if seeking to serve a claim form on a dissolved company?

read titleRead full title
Published on LexisPSL on 08/02/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What do I need to consider if seeking to serve a claim form on a dissolved company?
  • Companies Act 2006 considerations
  • Process to restore a company to Companies Register
  • Further reading
  • Service
  • Limitation
  • Restoring a dissolved company to the Companies Register

What do I need to consider if seeking to serve a claim form on a dissolved company?

Companies Act 2006 considerations

A dissolved corporate body ceases to have a legal identity. This clearly raises an issue if seeking to commence proceedings against a dissolved company. The Companies Act 2006 deals with the restoration of companies to the Companies Register. The provisions also apply in a modified form to Limited Liability Partnerships under the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009.

Section 1032 of the Companies Act 2006 addresses the effect of a court order for restoration to the register. This was considered by the Court of Appeal in Joddrell v Peaktone. The Court of Appeal held at [49] that the effect of the section was to retrospectively validate an action which had been commenced during the period of the dissolution. The company is therefore deemed to have continued in existence as if it had not been dissolved or struck off the register. This means that the subsequent restoration retrospectively validates any proceedings issued against the company or LLP when it was dissolved.

The Court of Appeal also considered the subsidiary issue of whether the restoration order also retrospectively validated service of the claim form at [48]. It held that as service had taken place at what had, prior to dissolution, been the defendant’s registered office, the restoration

Popular documents