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Did the Judge give a reason for the application to be dismissed please?
Not that I understood.
On the N244, point 3 I wrote as follows:
“To make an application to the Court to request that individuals be included as Defendants. Namely, [Name 1] and [Name 2] – the former Directors [Company 1] (the 1st Defendant) and/or make an order pertaining to s.216-217 of the Insolvency Act 1986.
To make an order pertaining to s.900 of the Companies Act 2006 for the amalgamation of the dissolved company [Company 1], and the currently trading business [Company 2] 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 (or to enforce TUPE regulations should they have been applied in this case). - At the discretion of the Court.”
Because of this the conversation was quite long, and I got rather lost in it all. The Judge and Defendant’s solicitor had quite a fast paced conversation and I was aware that rules were being picked apart: for example, that s.216-217 of the Insolvency Act could not be applied because the company in question was dissolved due to non-compliance – they became inactive and waited to be struck off the register rather than going into liquidation.
In terms of why s.900 of the Companies Act 2006 could not be applied, I really don’t understand. The (Deputy) Judge did say something about Circuit Judge’s so I wondered if it might be that I ought to have gone further up and he didn’t have the authority to make such an order, but to be honest by that part I was completely bewildered by the whole experience and didn’t really follow what was going on.
If this is the case however I wouldn’t know what to do of if I ought to appeal. For I just got stung for a large sum paying for the Defendant’s solicitor’s time for the hearing of the last order (despite checking on the form waned it to be decided without a hearing), and am terrified to risk another charge – I’m on a low income/on benefits and just can’t afford it. Would there be any way to get an appeal but protect myself from charges?
....Could it be because there was no meeting of any creditors beforehand? If this was done, could s.900 of the Companies Act 2006 then be applied?
Not while I was in there - I didn’t understand why I wasn’t being successful, but was scared of doing the wrong thing. Because they sounded like they knew what they were doing (the Judge saying he read the details of some legislation while we’d had a break earlier – giving me the impression he wanted to rule in my favour but really couldn’t), it seemed likely I might just have not followed the conversation so didn’t know what to say or do.
Also I have a chronic health condition which means my cognitive skills can become impaired under stressful situations – and by this point my brain had gone so slow and fuzzy that I could barely speak or comprehend what was really going on.
As I said above, he mentioned somthing about Circuit Judge’s, I think suggesting that a Circuit Judge might have the right to order an amalgamation of the two companies, but I wasn’t aware of a reason given why he couldn’t make such a ruling.
What if I’m not sure about your above points 1–3? Can I request the Court provide me with a written document which explains the ruling and why I was unsuccessful?
When I submitted the N244 I checked ‘no hearing’ but then it was ruled a hearing would be necessary and I’ve gotten stung paying the fees for the other side’s solicitors (a personal problem considering my low income, but what feels like a tremendous injustice as the Defendant appears to have successfully evaded –their– debt!)
If I submit a N161 could the same thing happen? I couldn’t bear having more fees landed on top…
Yes... but it is a horrible system.
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