The restoration of In-Touch
The restoration of In-Touch
The company which it appeared held the petitioners’ shares in the sixth and eighth respondents was In-Touch. The problem was that it had since been dissolved without anyone realising this. The petitioners applied for the restoration of the company to the register. From about June 2024 the petitioners ceased to be legally represented. The restoration application did not progress as fast as it might, and in September 2024 Mr Justice Zacaroli extended the stay to 5 November 2024. The signed consent order for the restoration of In-Touch was lodged in court on 13 September 2024, and the order actually made on 9 October 2024. On 28 October the petitioners, acting in person, applied for permission to amend their petition and to add In-Touch as a co-petitioner. This was listed for hearing before me on 6 December 2024. On that occasion, the petitioners appeared in person and Seamus Woods of counsel appeared for the active respondents. However, the hearing was not ultimately effective, and so I adjourned the application to a further hearing before me on 17 February 2025. I gave directions as to steps to be taken by the petitioners to address the question of their standing in the meantime.
- Heading
- Introduction
- Background and nature of the claims
- The history of the litigation
- Interim injunction application
- Pre-trial review
- The abortive trial and aftermath
- The restoration of In-Touch
- Further adjournment
- The hearing on 13-14 May 2025
- The question of standing
- Procedural rules
- Relevant caselaw
- The draft re-amended petition
- Brief summary
- The active respondents’ objections
- Standing for the purposes of unfair prejudice petitions
- Caselaw on equitable title
- Scope of the section 994 jurisdiction
- Discussion
- Claims to shares in equity
- Claims outside scope of petition
- Lack of clarity as to basis of allegation
- Vagueness and lack of clarity as to the pleading itself
- Lack of specificity in pleading attribution of conduct
- Inadequate pleading
- Absence of a necessary party
- Conclusion on particular objections
- Opportunity to re-amend?
- Conclusions
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