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Liability for a small claim in the event of a company takeover

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  • Liability for a small claim in the event of a company takeover

    Hi, first time poster here. I'd really appreciate any advice and info on the following please:

    After a lengthy consumer dispute, I intend shortly to start a small claim online against a company (complaints process, arbitration and an LBA have got me nowhere so far). However, the original company I am dispute with (the UK arm of a PLC) have recently been taken over by another company (a public company). My quandary is:
    * is it now worth pursuing the claim to recover my money, given the takeover has happened? (my understanding is the original company ceases to exist when taken over, so I'm not sure where I stand now)
    * if going ahead is still a worthwhile option, should the original company or the company taking them over be listed as 'defendants' on the online claim form?

    Many thanks in advance for any help offered
    Tags: None

  • #2
    The key point here is that your claim is against the company with whom you dealt (Company A), and not against the company (Company B) which bought Company A.

    I suggest that you check the status of Company A on Companies House website. Your understanding that "the original company ceases to exist when taken over" is not correct. It may well be that a claim against Company A remains viable.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Great, thanks for your reply. I had another look on Companies House and the the company number does not seem to have changed. I wonder then whether I would still refer to Company A when claiming, or instead issue proceedings against Company B that has 'taken over' A?

      Comment


      • #4
        Please see the first paragraph of post #2.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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