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SolicitorRM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3889
Experience:  Director and Principal Solicitor. UK
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I had applied to employment tribunal for protective awards

Customer Question

Hi I had applied to employment tribunal for protective awards as my company made me redundant along with 20 other employees,I was working for Thomas cook who is insolvent now,the ET has asked me to provide court permission to proceed further,how to obtain court permission? Can I do it online?
Submitted: 7 months ago.
Category: Bankruptcy Law
Expert:  SolicitorRM replied 7 months ago.

Hi thank you for your enquiry and your patience. I have a feeling I may have dealt with your ither question. Thomas Cook being insolvent means they do not have a legal personality anymore and therefore they cannot under normal circumstances be sued. It is not so straight forward so I would say get a solicitor with right of audience in the High Court to make the necessary application for you.

The solution and what the ET is telling you to do is to make an application to the Chancery Court (High court) under Civil Procedure Rules Part 8 to restore the limited company to the Register of Companies under Section 1029 of the Companies Act 2006. This Act enables anybody with a potential legal claim against the limited company to apply to restore it to the Register of Companies. Once you make this application using Form N244 and attaching your witness statement and any evidence of your claim to the Chancery Division of the High Court and the application is also served on the Registrar of Companies. The Registrar may defend it but in most cases will consent to the company being reinstated. The Court order from the High Court confirming the reinstatement is what you will need to send to the ET and your ET claim can progress. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best