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Insolvency

23 October 2015
Issue: 7673 / Categories: Case law , Law digest , In Court
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Re Fivestar Properties Ltd [2015] EWHC 2782 (Ch), [2015] All ER (D) 76 (Oct)

The Chancery Division, in granting a bank’s application to restore a company to the register of companies, ruled that, where the Crown disclaimed property vested in it following the dissolution of a company, that disclaimer, under s 1012 of the Companies Act 2006, was not a “disposition” of property, and the effect of restoration of the company to the register was that its freehold estate was retrospectively re-created and re-vested in the company in all respects as if it had never been dissolved and as if the freehold had never been disclaimed.

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