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Friday 7 February 2014

Are you being served?

A recent decision from the High Court has found that section 1140 of the Companies Act 2006 (“CA 2006”) operates as a ‘parallel code’ which provides a basis for serving a director of a company which is entirely outside the provisions for service in the Civil Procedure Rules (“CPR”).

In the case of Key Homes Bradford Ltd and others –v- Rafik Patel (Ch D (Master Marsh) 10/01/2014), the Claimants issued proceedings against the Defendant alleging that the Defendant had diverted investment funds in the region of £20million for his own benefit and had transferred the funds to an account in Dubai. The investment funds were intended for building projects including student accommodation and the Claimants in the action were special purpose vehicles established for this purpose.

Andrew Meadows

MH Dispute Resolution

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