Housemaker Services Ltd v Cole and another

Company – Restoration of company to Register after dissolution. The Chancery Division dismissed the claimant company's application for a direction, under s 1028(3) and (4) of the Companies Act 2006, to the effect that the period of 608 days, during which it had been struck off the register of companies, before being restored, should be discounted for the purposes of limitation in relation to the company's claim against the defendants in respect of unpaid invoices delivered for building services. The court held that the company had not demonstrated, on the balance of probabilities that, if it had not been dissolved, it would have issued proceedings for the disputed debts before the expiry of the limitation period. Accordingly, the application failed at the first hurdle.

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