Gone but not forgotten

I’m sure you’re all already bored of people using Halloween as an excuse for marketing and promoting events. Especially as I always consider it to be an American holiday, which encourages children to use blackmail to get sweets! 

Without wishing to be a hypocrite, now is still a good time to talk about how dead companies are not the only things that can come back to life to terrorise the innocent and the not-so-innocent! 

It’s fairly normal for people to think that if a company that has a claim against them goes into liquidation, then that’s the end of the matter. However, dead people and dead companies can still come back to haunt you. 

This includes the fact that the liquidator of a company can institute proceedings against anyone who owes money to the dead company. They can also bring a claim for other things, such as negligence, including a claim for damages if that negligent act or omission led to the company’s liquidation. 

If you know that a company that has a claim against you is going or has gone into liquidation, don’t assume that that means you can close your files. In fact, that is the time to make sure that you have your records in order. It’s always possible that the liquidator will not have complete records and may not be able to obtain enough cooperation from former directors. So, the more detailed your information is and the better prepared you are, the easier you may find it to see off a potential claim. 

Don’t let things that go bump in the night disturb your business or your sleep! 

Kleyman & Co Solicitors. The full-service law firm. Treats as well as tricks of the trade.