court order for companies house

[Hgrove]

I want to go to court to ask for an order for Companies House to amend some records. Does anyone know where I start from? Do I need a solicitor for this? Thank you.

[MustafaTinkl]

Why do you not make direct contact with Companies House stating exactly what it is that you wish to do and asking what is required of you to achieve it? I have had several complicated matters with them, and each time have found them a most helpful and friendly bunch.

[Hgrove]

Contact has already been made with Companies House. They confirmed what I already knew, that once Companies House have registered a document, even if the document was wrong, they have no power to change it without a Court order. I just need to know where to start from: is it my local County Court? The Company Law Reform Bill currently going through Parliament should, once it becomes law, contain provisions giving the Registrar limited powers to amend its records. It is not expected to come into force until 2007 so in the meantime we have to play by the current rules.

[MustafaTinkl]

Yes, you commence at your local County Court pleading for a declaration (Order) that this should be that. You will need a solicitor and barrister, and, possibly, expert witness accountants if it is money. If uncontested there will be at least two hearings and the total (unrecoverable) cost will be about �7500. If contested you can easily be at risk for �100000, sometimes twice that if it goes higher

[Hgrove]

It is not money. I spoke to the local County Court although they tried to fob me off by telling me I need a solicitor. They told me the fee is �150. I do not think it is likely the Registrar will defend; I would imagine they will amend the record. The man at the County Court thinks it is Part 8 whereas I have a feeling it is Part 7. Do you know by any chance which form it is? Many thanks.

[Miss Zippy]

I once applied to have a company's register of members changed and used the Part 8 procedure. As you probably know, the Part 8 procedure is much quicker than Part 7 and is designed to be used where there are no factual issues in dispute and only a legal interpretation is required or, in this case, a statutory record requires amending. So it really depends on whether there are or you anticipate there will be substantial factual issues in dispute? The Part 8 procedure is largely dependent on written evidence only, meaning you don't even have to attend a hearing. You could always submit your claim using the Part 8 procedure and if Companies House contest this is the correct procedure, a short hearing might be held to determine the correct procedure. You shouldn't need to use any lawyers for a Part 8 claim.

[MustafaTinkl]

I read your question as your wish as an individual to get into what would be a very considerable conflict with a company.