Mr A Khan v Coco’s Dessert Factory Ltd: 2600833/2018
JUDGMENT
The Claimant’s claims succeed. The case is listed for a remedy hearing on Friday 25 January 2019 at 2.00 pm at the Nottingham Hearing Centre, 50 Carrington Street, Nottingham NG1 7FG.REASONS
[1]At a hearing on 23 November 2018 judgment was made in favour of the Claimant. The judgment was sent to the parties on 22 January 2019.[2]At the hearing, the Respondent did not attend nor was it represented.[3]It is not normal practice to undertake a company search immediately before a hearing unless there are good reasons to do so. There was no reason to do so in this case.[4]Since the judgment was issued and after it was sent to the parties, it has come to my attention on other cases involving the same Respondent that the Respondent was in fact dissolved a few weeks before the hearing in this case took place. This was not known when the decision was made.[5]A recent company search recently shows that Coco’s Dessert Factory Limited was dissolved on 30 October 2018.[6]The effect of a company being dissolved (as opposed to Liquidation) is that no judgment can be issued against it as no legal entity is deemed to exist. As a consequence, it is necessary for the tribunal of its own motion to revoke the judgment of 23 November 2018.