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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A claim has been made against me in civil court

Resolved Question:

A claim has been made against me in civil court for damages by a company that is not trading and has no assets other than a £1 in share capital.
I understood that if a company is not trading it cannot claim for losses it has not actually made?
Please can you elaborate
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
As for not trading, if they are at Companies House then that is what matters. This is because if it shows dormant then that may only apply for the previous accounting period and not current. That is because accounts dont have to be filed for 9 months.
But they are entitled to bring a claim.
Does that help?
Alex
Customer: replied 2 years ago.

The claim goes back to 2007 at which time the company was dormant and has been dormant until very recently. Assets were purchased by the director but were not put into the company name.

He has claimed for failure of opportunity to get a grant from rdpe which he did not apply for, the claim is by the company not the individual. Most of the claim is for delay and missed opportunity, plus some costs for materials purchase which again were purchased by the director.

Does this make any difference?

Expert:  Ash replied 2 years ago.
Sadly not. You can raise it in evidence but it does not bar them from bringing a claim.
I am sorry.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Alex

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex