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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am the claimant in a multitrack case against two

Customer Question

i am the claimant in a multitrack case against two defendants: a ltd company and its directorThe limited company is out of business - so only the director is left as defendant.However, the defendants defence and counterclaim were filed by the company only - not by its director separate.Can I therefore apply to have these struck from the record?
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.

The defence and counterclaim endures for the benefit of the liquidator and hence, it would not be struck out. Your claim against the director is obviously extant.

It seems likely that no one will turn up to defend the action on behalf of the limited company and hence, would get default judgement although depending on the substance of the counterclaim, the liquidator may decide to actually turn up and put a case.

Can I answer any any specific points arising from this?

Please don’t forget to to use the rating service to rate my answer positively. If you don’t rate it positively, but I don’t get paid. You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards.


Customer: replied 11 months ago.
Stuart - I dont think the liquidator is even aware. The company shows up as dissolved in the company registry. The second defendant refuses to tell me who the liquidator was/is. The court has ordered the company to be removed as defendant.What is the impact of the director not having filed his own defence?
Expert:  Stuart J replied 11 months ago.

If the company has been dissolved, then it no longer exists. All the matters have been concluded and that’s the end of it. Hence, the judge has ordered removal of the company.

Whether the defence would also apply to the director would depend on the wording nature of the defence

Customer: replied 11 months ago.
it is worth to try an application?
Customer: replied 11 months ago.
Incidentally - how could the company lawfully dissolve with a pending lawsuit?
Expert:  Stuart J replied 11 months ago.

You can always make an application but as the judge has ordered the company removed as a defendant, there doesn’t seem much point.

It gets dissolved if it’s insolvent. You can’t close the company which is solvent with pending litigation