Companies House Rectification Claims
Pursuant to the Companies Act 2006, it is a legal requirement for officers of private limited companies to keep the information held at Companies House current and correct. However, it is not unusual for Companies House filings to be submitted which contain factual errors or provide additional information than necessary. Given that the majority, if not all, Companies House filings are made public it is important to act swiftly to maintain commercially confidential information and put the record straight.
In some instances, and with the correct legal advice, Companies House may agree to vary or correct information voluntarily. However, the regular procedure is for a private limited company must make an application to the court for an order to rectify Companies House records. The relevant application must be made pursuant to sections 1096 and 1097 of the Companies Act 2006. Once an order is granted, Companies House are obliged to remove any material from the register pursuant to that Order.
At Mercantile Barristers, commercial litigation barristers have expertise in providing advice and representation to shareholders and directors in Companies House Rectification claims. If you require advice contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
The Companies House Rectification Procedure
Liaising with Companies House
The first step is to correspond with Companies House to establish if they would be willing to make the amendments without an application. If not, and where Companies House will not resist the application and an order being made, we will obtain a letter of waiver which can be evidenced to support the application; as well as agreeing the contents of an order, in anticipation of an application being made.
The Application
A Companies House Rectification Application consists of a Part 8 Claim Form; a witness statement supported by evidence explaining the reasons for the application; and a draft order. The evidence should show how the error has or may cause damage to the company.
Filing and Serving the Application
Once ready, the application can be made at the county court or the High Court and decided on the paper (i.e. without a hearing). The application should also be formally served on Companies House. The court may, if it deems appropriate, require attendance at court and our barristers are able to also represent you at any such hearing.
Securing a Rectification Order
If granted by the court, whether on the papers, or after a hearing, the sealed order should be served on Companies House, they will proceed in removing or rectifying the documents from the register and publish a copy of the court order supporting their action, in keeping with the public nature of other company filings at Companies House.
Mercantile Barristers have expertise in providing advice and representation in Companies House Rectification claims to clients, whether they are businesses or individuals; or director disputes solicitors. We have particular experience in advising clients on corresponding with Companies House and drafting; filing; and serving Companies House applications.
We also have experience in taking instructions from commercial litigation solicitors representing their clients in Companies House Rectification Applications before the county court; Insolvency and Companies List in the King’s Bench Division; Court of Appeal and Supreme Court. If you require advice contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
How Our Process Works
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
Fill in the form below and one of our specialist clerks will get in touch.
