Maxima Creditor Resolutions Limited v John Thomas Fealy & Anor
| Court | Chancery Division |
| Judge | His Honour Judge Hodge Kc |
| Neutral Citation | [2024] EWHC 2694 (Ch) |
| Date | 01 November 2024 |
| Year | 2024 |
| Counsel | Mr Max Cole |
Neutral Citation Number: [2024] EWHC 2694 (Ch)
Case No: BL-2023-MAN-000008
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS
IN MANCHESTER
BUSINESS LIST (ChD)
Manchester Civil Justice Centre.
1 Bridge Street West,
Manchester M60 9DJ
Date: Friday 1 November 2024
Before :
HIS HONOUR JUDGE HODGE KC
Sitting as a Judge of the High Court
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Between :
Maxima Creditor Resolutions Limited
Claimant
- and -
(1) John Thomas Fealy
(2) Thomas Joseph Barrett
Defendants
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Mr Max Cole (instructed by Simons Muirhead Burton LLP) for the Claimant
Mr Nathan Goldstein (instructed directly) for the Defendants
Hearing date: Thursday 26 September 2024
Date judgment circulated: Thursday 24 October 2024
Date judgment handed down: Friday 1 November 2024
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Approved Judgment
This judgment was handed down remotely at 10.00am on Friday 1 November 2024 by
circulation to the parties or their representatives by e-mail and by release to the National
Archives.
.............................
HIS HONOUR JUDGE HODGE KC
Winding up – Directors – Restriction on re-use of company name –Prohibited name –
Personal liability of directors for debts of second company – Whether assignee of debt could
bring claim against directors – Whether requirements of third excepted case applied –
Whether second company had not been dormant at any time in the whole of the period of 12
months ending with the day before the first company went into creditors’ voluntary winding
up – Insolvency Act 1986, ss. 216, 217; Insolvency (England and Wales) Rules 2016 (SI
2016/1024) rr. 22.1, 22.7; Companies Act 2006, ss. 386, 1169.
Limitation of Actions – Appropriate limitation period – Acknowledgment of debt –
Company’s statement of affairs made on creditors’ voluntary winding up – Whether
statement acknowledging company’s indebtedness to creditors – Whether company’s debt
statute-barred – Limitation Act 1980, ss. 29, 30.
The following cases are referred to in the judgment:
ESS Production Limited (in administration) v Sully [2005] EWCA Civ 554, [2005]
BCC 435
Bus LR 146
Re Overmark Smith Warden Limited [1982] 1 WLR 1195
Penrose v Official Receiver [1996] 1 WLR 482
Ricketts v Ad Valorem Factors Limited [2003] EWCA Civ 1706, [2004] BCC 164
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1 firm's commentaries
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Risk of personal liability for directors who re-use a company name: The UK Court provides clarity on one of the exceptions.
...not dormant during those 12 months. But what does “non dormant” mean? The decision in Maxima Creditor Resolutions Ltd v Fealy & Anor [2024] EWHC 2694 (Ch) considered this point for the first time. What is meant by a non-dormant company? It is helpful to briefly set out the facts of Maxima C......