Where application was made to restore a company to the register, to face court action, the court should look at the issues of limitation, and at how any delays had arisen.
Held: The court should be aware of the potential prejudice created by the use of the section. In this case there was no reason why the claimant should escape the normal consequences of that part of the delay which lay at his feet.
Judges:
Lord Eassie
Citations:
Times 18-Jan-2002
Statutes:
Jurisdiction:
Scotland
Citing:
Cited – In re Donald Kenyon Ltd 1956
The company contributories petitioned for the restoration of the company so that they could get in a sum of money standing to the credit of the company’s account at a building society.
Held: Fairness required that the restoration should be on . .
Cited – Maria Smith v White Knight Laundry Ltd CA 11-May-2001
. .
Lists of cited by and citing cases may be incomplete.
Scotland, Company, Limitation
Updated: 08 July 2022; Ref: scu.167396
