Davy v Pickering

Davy v Pickering

 [2017] EWCA Civ 30; [2017] 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 [2015] 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 [2015] 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: [2017] WLR(D) 38