Companies Act 2006, section 1030

When application to the court may be made

Part 31 Dissolution and restoration to the register

(1)An application to the court for restoration of a company to the register may be made at any time for the [F1327purpose of—

(a)bringingF1327] proceedings against the company for damages for personal [F1328injury;

(b)an insurer (within the meaning of the Third Parties (Rights Against Insurers) Act 2010) bringing proceedings against a third party in the name of that company in respect of that company’s liability for damages for personal injury.F1328]

(2)No order shall be made on such an application if it appears to the court that the proceedings would fail by virtue of any enactment as to the time within which proceedings must be brought.

(3)In making that decision the court must have regard to its power under section 1032(3) (power to give consequential directions etc) to direct that the period between the dissolution (or striking off) of the company and the making of the order is not to count for the purposes of any such enactment.

(4)In any other case an application to the court for restoration of a company to the register may not be made after the end of the period of six years from the date of the dissolution of the company, subject as follows.

(5)In a case where—

(a)the company has been struck off the register under section 1000 or 1001 (power of registrar to strike off defunct company) [F1329or section 1002A (power of registrar to strike off company registered on false basis)F1329] ,

(b)an application to the registrar has been made under section 1024 (application for administrative restoration to the register) within the time allowed for making such an application, and

(c)the registrar has refused the application,

an application to the court under this section may be made within 28 days of notice of the registrar's decision being issued by the registrar, even if the period of six years mentioned in subsection (4) above has expired.

(6)For the purposes of this section—

(a) “personal injury” includes any disease and any impairment of a person's physical or mental condition; and

(b)references to damages for personal injury include—

(i)any sum claimed by virtue of section 1(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1934 (c. 41) or section 14(2)(c) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 (1937 c. 9 (N.I.)) (funeral expenses)), and

(ii)damages under the Fatal Accidents Act 1976 (c. 30), the [F1330Damages (Scotland) Act 2011 (asp 7)F1330] or the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)).

Read section 1030 in the full Act → Definitions (5) Cases (9)

Definitions used in section 1030

the court

(1) Except as otherwise provided, in the Companies Acts “the court” means—

(a)in England and Wales, the High Court or the county court;

(b)in Scotland, the Court of Session or the sheriff court;

(c)in Northern Ireland, the High Court.

Defined in s.1156(1) · see it in the full Act

(2) The provisions of the Companies Acts conferring jurisdiction on “the court” as defined above have effect subject to any enactment or rule of law relating to the allocation of jurisdiction or distribution of business between courts in any part of the United Kingdom.

Defined in s.1156(2) · see it in the full Act
company

“company” means a company formed and registered under this Act, that is—

(a)

a company so formed and registered after the commencement of this Part, or

(b)

a company that immediately before the commencement of this Part—

(i)

was formed and registered under the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)), or

(ii)

was an existing company for the purposes of that Act or that Order,

(which is to be treated on commencement as if formed and registered under this Act).

Defined in s.1(1) · see it in the full Act

(4) In this section and that Schedule “company” includes any body corporate.

Defined in s.1159(4) · see it in the full Act
the register

(2) The records relating to companies are referred to collectively in the Companies Acts as “the register”.

Defined in s.1080(2) · see it in the full Act
enactment

In this Act, unless the context otherwise requires, “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),

(aa)an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

(b)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

(c)an enactment contained in, or in an instrument made under, Northern Ireland legislation within the meaning of the Interpretation Act 1978.

Defined in s.1293 · see it in the full Act
the registrar

(3) In the Companies Acts“the registrar of companies” and “the registrar” mean the registrar of companies for England and Wales, Scotland or Northern Ireland, as the case may require.

Defined in s.1060(3) · see it in the full Act

Cases considering section 1030 (9)

Peaktone Ltd v Joddrell

[2012] EWCA Civ 1035 · 26 July 2012Limits

The subsection permits a restoration application at any time for the purpose of bringing personal injury proceedings. It does not restrict the retrospective effect of an order once made (see paras [15]; [44]-[45]). The subsection recognises the court’s power to exclude the period of dissolution when calculating a statutory limitation period (see para [16]). For cases other than personal injury proceedings, the subsection generally imposes a six-year period for seeking restoration. That difference in eligibility cannot alter the effect of an order under section 1032(1) (see paras [15]; [45]). Cited only.

Holmes v S & B Concrete Ltd

[2020] EWHC 2277 (QB) · 20 August 2020Interprets

The court treated section 1030(1) as providing the statutory basis for restoration applications made to bring personal injury proceedings. (see para [16]) The court held that restoration should not be ordered where the proceedings would fail under a limitation enactment. The provision supported the discretionary and fairness-based approach to restoration. (see paras [12]; [16]; [21]) The court treated section 1030(3) as requiring regard to the power to give consequential directions when deciding whether restoration should be ordered. (see paras [11]; [16])

Pickering & Ors v Davy

[2017] EWCA Civ 30 · 24 January 2017

The court noted that the provision expressly permits a direction excluding the dissolution interval from a limitation period. It confirms the availability of a limitation direction but does not determine the criteria for granting one. (see para [24])

What each judgment says about section 1030 is in the case-law panel in the full Act.

Explanatory note

1280.At the moment, applications to the court under section 651 of the 1985 Act must be made within two years, and under section 653 within twenty years. This new section provides that the time limit for the new single procedure will generally be six years, although special provision is made ( subsection ( 5) ) for situations where an application for administrative restoration has been made and refused.

1281.Subsection ( 1) makes clear that there is no time limit where the application is for the purpose of bringing proceedings against the company for damages for personal injury.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1327Words in s. 1030(1) substituted (23.11.2018) by The Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018 (S.I. 2018/1162), regs. 1, 2(a)
  2. F1328Words in s. 1030(1) substituted (23.11.2018) by The Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018 (S.I. 2018/1162), regs. 1, 2(b)
  3. F1329Words in s. 1030(5)(a) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, 18.3.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 70(7), 219(1)(2)(b); S.I. 2025/349, reg. 2(c) text inserted prospectively or the amendment may be in effect for limited purposes, see the commentary.
  4. F1330Words in s. 1030(6)(b)(ii) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), ss. 15, 19(3)(4), Sch. 1 para. 9 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)

Modifications

  1. C1422Ss. 1029-1032 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 57 (with Sch. 1 paras. 24, 25, 34, 35)