What does Restoration mean? Restoration describes returning a dissolved or struck off company to the official register (Companies House in the UK; the Companies Registration Office in Ireland) so it again has legal capacity to trade, hold assets and litigate. It is a statutory process under the Companies Act 2006 (England & Wales, Scotland and Northern Ireland) and the Companies Act 2014 (Ireland). There are two routes: administrative restoration by the registrar and restoration by court order. Administrative restoration is generally available where the company was struck off by the registrar (not voluntarily), the application is made within the statutory window (UK: within six years...
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This concise overview outlines the steps and process for reinstating a company to the register by way of the court route under section 1029 of the Companies Act 2006 (CA 2006). The court route is mandatory where a company has been removed following its own voluntary application for striking off under CA 2006, s 1003, and in the other situations identified in CA 2006, s 1029.
This procedure may equally be pursued when the registrar of companies has caused the striking off pursuant to CA 2006, ss 1000 or 1001, although this is less usual because the business may instead qualify for the quicker, more straightforward administrative restoration; see Practice Note: How to restore a company to the register—administrative restoration. For a full analysis of the applicable legislation, case law and steps involved in restoration by court order, see Practice Note: Company restoration—restoration by court order. For an example‑led, step‑by‑step depiction of how the court restoration works in practice, consult Flowchart: Company restoration—restoration by court order—flowchart.
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...