Counsel continued the discussion with the operator of the public house regarding the service of proceedings and the implications of the company’s registered office being unmanned. The owner expressed frustration that the court might consider service valid despite the fact that no one receives mail at the registered office. Counsel explained that the court will treat service as effective because the company is responsible for maintaining a functioning registered office. The failure lies in the company’s records, not in the conduct of the claimants.
Counsel advised that the registered office must be changed immediately. The owner confirmed that the accountant has been unwell and that the registered office address has not been monitored for some time. Counsel explained that this cannot be relied upon as an excuse and that the company must correct its records without delay. Counsel offered to assist with the change if necessary. Counsel explained that the claimants’ solicitors have filed a certificate of service and that the court will accept this as evidence of valid service. Counsel proposed writing to the claimants’ solicitors to request that they refrain from entering judgment while the owner deals with the bereavement and administrative matters. The owner agreed.
Counsel explained that service at the registered office is legally permitted even if earlier correspondence was sent to the trading address. The owner’s grandson expressed surprise, believing it was common practice for registered offices to be unmanned. Counsel clarified that while many companies use accountants or lawyers as their registered office, those addresses are expected to be monitored. The grandson agreed to arrange the change of registered office with Companies House immediately. Counsel confirmed that he would write to the claimants’ solicitors to request a temporary pause in proceedings. If the claimants refuse, Counsel will revert to the owner to begin preparing the defence. The call concluded with Counsel offering condolences and reassurance.
Counsel identified that the company’s registered office is not being monitored, which has resulted in proceedings being served without the owner’s knowledge. This creates a risk of default judgment. The company’s public record is out of date, with the registered office incorrect and the deceased director still listed. These inaccuracies must be corrected urgently. The owner is dealing with a recent bereavement, which has delayed administrative tasks and made it difficult to respond to the proceedings. An extension is required to prevent prejudice to the defence. The grandson has agreed to update the registered office, but the company must also obtain the claim papers and prepare to respond.
Counsel advised that the registered office must be changed immediately to prevent further issues. The company’s records should be updated to reflect the deceased director’s passing once the death certificate is available. Counsel will write to the claimants’ solicitors requesting a temporary pause in proceedings due to the bereavement. If the claimants refuse, Counsel will begin preparing the defence without delay. Counsel reassured the owner and her grandson that the defence remains viable and that the procedural setback can be managed with prompt action. Counsel confirmed that the extension request would be made without charge in recognition of the difficult circumstances.
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