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Change from ‘Ltd’ to ‘DAC’ did not affect identity of plaintiff company

By: Mark Tottenham BL

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High Court: (a) refuses to set aside an order amending the title to proceedings where the plaintiff company had changed its status from a 'limited liability company' (Ltd) to a 'designated activity company' (DAC), on the grounds that it was specified in the relevant legislation that there was no substantive change in the identity of the company and that, strictly speaking, no change in the title of the proceedings was necessary; but (b) amends the original order to reflect that the amendment had been made pursuant to the inherent jurisdiction of the court, rather than pursuant to the rules of court, where the rules related to a more substantive change in the parties.

Change of status of company from 'limited liability company' (Ltd) to 'designated activity company' (DAC) - procedural steps required to reflect change of status in legal proceedings - Order 17, rule 4 of the Rules of the Superior Courts - title of proceedings amended - whether original company ceased to exist upon change of name and status - whether title of proceedings could be changed after the grant of an order for possession - Section 63(12) of the Companies Act 2014.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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