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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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For the attention of Alex W – RE: N244 Under point 3: (“What

Customer Question

For the attention of Alex W – RE: N244

Under point 3: (“What order are you asking the court to make and why?”), would it be appropriate to write the following:

To make an application to the Court to ‘pierce the corporate veil’; requesting that individuals be included as Defendants. Namely, [name of director 1] and [name of director 2] – the former Directors of [name of company] (the 1st Defendant).

OR

To make an order pertaining to s.900 of the Companies Act 2006 for the amalgamation of the dissolved company [name of company], and the currently trading business [name of 2nd company] and the subsequent transference of liabilities from the transferor company to the transferee company; thus making provision for the continuation of legal proceedings against the transferor company.

At the discretion of the Court [oould that be 'Judge'?].
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

S.900 of the Companies Act

Alex Watts :

You are seeking this

Alex Watts :

Does this help>?

JACUSTOMER-3qt0tkg2- :

I was just wondering if it was possible to request the decision be up to the judge between these two options (rather than narrowing the scope to just the former as apparently this is less often granted), and also if I have phrased things correctly/appropriately?

JACUSTOMER-3qt0tkg2- :

Another reply I had is as follows:

JACUSTOMER-3qt0tkg2- :

"I'm not sure it would be either of those. I think it would be a straightforward as issuing a new claim against the correct defendant, and quoting the provisions of TUPE as the basis liability.

I think section 900 of the companies act relates to something entirely different has more to do with restructuring an apportionment of liability."

JACUSTOMER-3qt0tkg2- :

What should I do?

Alex Watts : You can request both, in which case you can amend the pleadings to include in the alternative.
Alex Watts : Does that help?
Alex Watts :

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