The Welsh Ministers v Price & Anor (Rev 1)

The Welsh Ministers v Price & Anor (Rev 1)

It is not desirable to join the Welsh Ministers to the restoration proceedings because they are not directly affected by the restoration order; their position as potential defendants to copyright claims is not sufficient. The alleged non-disclosure and breaches of undertakings by Mr Price would not have led to a different outcome on restoration, and the usual sanction for breach of undertakings is not revocation of the restoration order. The appeal is dismissed.

Parties
Appellant: The Welsh Ministers; First Respondent: Haydn Price; Second Respondent: The Registrar of Companies
Jurisdiction
England and Wales
Judgment Date
07 November 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Joinder Application
Outcome
Appeal dismissed
Legal Topics
Joinder of Parties, Restoration of Dissolved Companies, Breach of Undertakings, Non Disclosure and Misrepresentation
Civil Procedure Company Law Joinder of Parties Restoration of Dissolved Companies Breach of Undertakings Non Disclosure and Misrepresentation

Case Brief

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Parties

The Welsh Ministers

Appellant

Haydn Price

First Respondent

The Registrar of Companies

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Joinder Application

Legal Issues

  1. 1 Whether it is permissible and appropriate to join a third party to proceedings for restoration of a dissolved company to the register of companies
  2. 2 Whether the Welsh Ministers are directly affected by the restoration order so as to justify joinder
  3. 3 Whether alleged non-disclosure or breach of undertakings by the applicant for restoration justifies revocation of the restoration order

Ratio Decidendi

It is not desirable to join the Welsh Ministers to the restoration proceedings because they are not directly affected by the restoration order; their position as potential defendants to copyright claims is not sufficient. The alleged non-disclosure and breaches of undertakings by Mr Price would not have led to a different outcome on restoration, and the usual sanction for breach of undertakings is not revocation of the restoration order. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Welsh Ministers not to be joined to the restoration proceedings
  • No revocation of the Restoration or Variation Orders