Winding Up Petition Backdated

Author: Chris Millar

In “Davey v Pickering [2015] EWHC 380” following a successful application to restore a company to the register under Section 1032 of the Companies Act 2006, the Court made consequential directions that the period between the striking off of the company and the making of the restoration order, did not count for limitation purposes in respect of a negligence claim that the Claimant i.e. not the company, sought to bring, and that, if the Claimant petitioned for the company’s winding-up within 14 days, the Petition will be deemed to be presented on the date the company was dissolved.

Chris Millar

Chris Millar

Senior Partner

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