Source: All England Reporter
Publisher Citation: [2016] All ER (D) 149 (Oct)
Neutral Citation: [2016] EWHC 2522 (Ch)
Court: Chancery Division, Companies Court

Registrar Briggs

Representation P appeared in person assisted by his McKenzie friend.
  Evie Barden (instructed by Freeths LLP) for the liquidator.
  Joseph Curl (instructed by DLA Piper LLP) for the second respondent.
  Mark Mullen (instructed by the Solicitor's Office of the Revenue and Customs Commissioners) for the Revenue.
Judgment Dates: 11 October 2016


Company - Winding up - Application to rescind winding up order - Extension of time in which to apply for order to rescind winding up order - Winding up order being made in respect of company - First claimant director of company applying over two years later to rescind order - First claimant contending creditor of company and as such having standing to make application - First claimant applying for extension of time to make application to rescind winding up order - Whether first claimant having legal standing to make application - Whether extension of time should be granted - Insolvency Rules 1986, - CPR 3.9.

The Case

Company Winding up. The Companies Court dismissed an application to rescind a winding up order where the first applicant director of the company in question had no standing to make the application. The court held that, on the evidence, the applicant had failed to establish his case that he was a creditor of the company. Further the application to rescind had been made late, over two years after the winding up order, and there were no grounds for granting an extension of time.

Practice Areas

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