Ltd company taking us to court but has applied to be struck off via Companies House

[Nathan_748]

Hi, I’m hoping someone can point me in the right direction.

A company is taking my company to court. We previously attempted mediation, but it failed as we were unable to reach an agreement. A hearing is now scheduled for mid-July. However, I’ve recently discovered that the company pursuing the claim has voluntarily applied to be struck off via Companies House and is expected to be dissolved within two months from mid-May.

I’m unsure how this affects the case. If they are dissolved before the hearing takes place, will the claim still proceed? And if not, would I still be liable for any court fees or related costs?
Any advice or guidance would be greatly appreciated.

[atticus]

You should apply to strike a claim out if it is brought by a company that has been struck off the register or dissolved.

But take care - might this company assign its claim before strike off/dissolution to someone else who can continue it?

[Nathan_748]

You should apply to strike a claim out if it is brought by a company that has been struck off the register or dissolved.

But take care - might this company assign its claim before strike off/dissolution to someone else who can continue it?

Thank you for the guidance, much appreciated. I'll be sending a letter to the court confirming that their company has voluntarily applied to be struck off the Companies House register and requesting that the claim against my business be struck out in its entirety.

One further point to note is that they appear to be in breach of Section 1004(1)c of the Companies Act 2006, as they've applied for strike-off while still engaged in legal proceedings. I assume this is a matter the court and Companies House may address directly with them, and that I won't be required to take any further action regarding that breach.

[atticus]

Then maybe you should wait until the strike off has been completed - unless you want Companies House alerted to this breach and to suspend or reject the striking off.

[Nathan_748]

Then maybe you should wait until the strike off has been completed - unless you want Companies House alerted to this breach and to suspend or reject the striking off.

Noted, I’ll proceed with that. Based on the timelines, it looks like the company’s strike-off will be completed about a week before the hearing date. In the meantime, I’ll submit my written argument to the court, and then provide an update closer to the hearing confirming the company’s dissolution.

Once again, Thank you for the guidance, much appreciated!