Hi there,
I had a ltd company and had a client I produced a print job for around 12 months ago. The client (wrongly) decided that they weren?t happy with the job and said they?d destroyed it and wanted a full refund. My company has since dissolved in February.
I notified the client of this fact but they have said they are going to pursue me personally as their agreement they said is with me and not the ltd company. I have the documents to show it was with the company not me. However I?m slightly worried as it was around 3 weeks after the company was dissolved that I had my last communication with them and I did say I would look at seeking some of a refund from my supplier (I wasn?t aware at this stage the company was dissolved).
I have ceased trading at all now as of 3 weeks after as above. Can I be held liable as I had communication after the ltd comp was dissolved?
Thanks
Alasdair Taylor's Answer
Thanks for your question. However, I can’t provide a clear answer here.
In general, the English courts will not give a remedy against and individual director in relation to a breach of contract by a company. However, there are limited circumstances where the courts will “pierce the veil” of incorporation to find a remedy. See:
https://en.wikipedia.org/wiki/Piercing_the_corporate_veil
On the other hand, the original contract might not be the only route to a claim. Depending upon the exact nature of the communications between you and the customer, it may be that they can ground an argument for liability in some other way.
A lawyer would need to know all the details to advise on this.
