Section 1032(1) of the
Companies Act 2006 provides that the "... general effect of an order by the court [under
section 1029] for restoration to the register is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register". Yesterday* the
Court of Appeal gave judgment in
Peaktone Ltd v Joddrell [2012] EWCA Civ 1035. The principal question before the court concerned the effect of
section 1032(1) and whether it operated to retrospectively validate an action purportedly commenced by or against a company during the period of its dissolution. The court unanimously held that it did.
* - The judgment appeared on
BAILII yesterday although it bears today's date.
Update (27 July 2012): a summary of the decision has been published by the
ICLR - see
here.
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