CHANCERY DIVISION
MANCHESTER DISTRICT REGISTRY
Courts of Justice Crown Square Manchester |
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B e f o r e :
(sitting as a Judge of the High Court)
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The Secretary of State for Trade and Industry |
Claimant |
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Jason Arnold Keith James Hopley |
Defendants |
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The 1st and 2nd Defendant did not appear and was not represented
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Crown Copyright ©
His Honour Judge Pelling QC:
Introduction
The Statutory framework
(1) If the administrator of a company thinks that the company has no property which might permit a distribution to its creditors, he shall send a notice to that effect to the registrar of companies.
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(4) On the registration of a notice in respect of a company under sub-paragraph 1 the appointment of the administrator of the company shall cease to have effect.
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(6) At the end of three months beginning with the date of registration of a notice in respect of a company under sub-paragraph (1) the company is deemed to be dissolved.
(7) On an application in respect of a company by the administrator or other interested person the court may:
(a) Extend the period specified in sub-paragraph (6),(b) Suspend that period, or(c) Disapply sub-paragraph (6).
It was under IA86 Schedule B1, Paragraph 84(6) that the company in this case was deemed dissolved prior to the issue of the disqualification proceedings.
"In this section and section 7(2), "the court" means:
(a) Where the company in question is being or has been wound up by the court, that court,(b) Where the company in question is being or has been wound up voluntarily, any court which has or (as the case may be) had jurisdiction to wind it up,(c) Where neither paragraph (a) nor (b) applies but an administrator or administrative receiver has at any time been appointed in respect of the company in question, any court which has jurisdiction to wind it up"
The Issue
Analysis
Disposal