Davy v Pickering
 EWCA Civ 30;  WLR(D) 38
Barrister: Guy Adams
Area of Law: Company and Insolvency
Summary: Guy Adams, instructed by Capital Law LLP, succeeded in the Court of Appeal in overturning the judgment at first instance in the Mercantile Court in Cardiff (reported at  2 BCLC 116).
The case concerned the extent of the power of the court under the new provisions in section 1032 Companies Act 2006 to make directions upon the restoration of a company to the register, both to disallow a period for the purpose of limitation and to back-date the presentation of a winding-up petition. The Court of Appeal held, following Hawkes v County Leasing  EWCA Civ 1251 (decided in the period between permission and hearing), that it was necessary to establish a causal link between the dissolution of the company and the inability to start proceedings or to present a winding-up petition before such a direction could be made.
View judgment: Davy v Pickering v Ors
View summary:  WLR(D) 38