Commercial Disputes Partner Jeremy Laws describes how, despite being with us for well over a decade, the Companies Act 2006 is still throwing up the odd surprise.
Anyone that can read as far as Part 37, innocuously entitled `Supplementary Provisions’, will find that section 1140 allows directors and secretaries to be served at their `registered address’. We suspect most lawyers (let alone directors) thought this only related to documents linked to the company. But we now know (from cases in 2015 and 2019) that the section extends to service of court proceedings wholly unrelated to the company in relation to which the service address has been provided.
So if you live overseas, or someone trying to sue you does not know your usual residential address, yet you have a current `registered address’ at Companies House, you can be formally served at it even if you do not live there. Worse still, unless you have proper arrangements in place to make sure correspondence to your `registered address’ comes to your attention quickly, you could very quickly be on the back foot in the litigation (for example, possibly with a legitimate default judgment against you).
So what to do? Our advice is to ensure that all of your Companies House filings and records are up to date and consistent, and to make sure there are proper arrangements in place for dealing with correspondence.
Read what Jeremy’s clients say about his service: