Q&As

Where an individual is attempting to restore a company via the court order route is any judgment at the hearing final or can that individual appeal?

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Published on LexisPSL on 06/04/2018

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

  • Where an individual is attempting to restore a company via the court order route is any judgment at the hearing final or can that individual appeal?
  • CA 2006
  • Appeal under CPR 52

Where an individual is attempting to restore a company via the court order route is any judgment at the hearing final or can that individual appeal?

CA 2006

The Companies Act 2006 (CA 2006) procedure is for a company to be restored by court order. It is not a judgment of a court, rather an order that the registrar of companies restores a company to the register. The effect of that order is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register (CA 2006, s 1032). For more information, see Joddrell v Peaktone.

See the following:

  1. Practice Note: Company restoration—restoration by court order

  2. Commentary: Proceedings against a company which has been dissolved: Butterworths Corporate Law

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