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What do I need to consider if seeking to serve a claim form on a dissolved company?
Published on: 08 February 2018
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
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Claim form definition
What does Claim form mean?
The statement of case in which the claimant sets out a concise statement of the nature of the claim.
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