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Can a claim be made against a dissolved company?

Former FSA regulated insurance company that dissolved 5 years ago and former directors would like to know if a claim could still be made against the company or not?

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24th Jul 2012 11:41

Strictly speaking no, BUT ...

If the company has been dissolved then there is no immediate legal person to pursue.  However, a potential claimant could apply to have the company restored to the Register of Companies; he/she would have to persuade a judge that his/her claim had sufficient merit to warrant a court order for the restoration of the company.  See CA2006 ss1029-1032.  The claimant would have to pay out legal fees, etc. to restore the company before a legal claim against the company could commence, this initial expense might deter him/her.

The directors should seek detailed advice from the solicitors of the dissolved company.

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