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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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One of the defendants in a commercial case against a builder

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One of the defendants in a commercial case against a builder is a Ltd company.The company was dissolved after being named as a defendant in this case. It seems to me that this is not possible - or that the liquidator should at least have contacted the claimant in said case.Is this correct?
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. In the liquidation of a limited company, there is an advertisement posted in two newspapers whereby the company asks its creditors to prove their debts in the liquidation. In law, this is sufficient notice to all creditors, including any creditor, such as the Plaintiff in the commercial case, who may be suing the company. The onus is then on the Plaintiff creditor to prove his debt in the liquidation. There is no requirement upon the Defendant limited company to contact any specific creditor, such as the Plaintiff in the litigation in the commercial case. The onus is on the Plaintiff to protect himself and to prove his debt in the liquidation. So, your idea that the Plaintiff must be contacted is not correct in law.

Expert:  Buachaill replied 11 months ago.

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