Jackson Way, the UK company demanding €47 million in compensation for the routeing of the south eastern motorway across its land, has been struck off the UK companies register.
Jackson Way, which was registered in Birmingham, has claimed it is owed €47 million by Dun Laoghaire-Rathdown County Council in compensation for 20 acres used for the south-eastern motorway. It was struck off the UK register on Tuesday for failing to file a return, although it could be reinstated at any time over the next 20 years.
Legal sources say the Birmingham company would not now be able to collect any compensation it might receive from the council until it is reinstated.
The company has been overdue on filing a return since May 10th, 2002, and a warning was issued to the company on October 1st, 2002, giving it three months to file the return. It is not clear why the return has not been filed.
The chairman of a Birmingham firm of solicitors, Mr Terry Lipscombe of Putsman WLC, told The Irish Times that UK companies which are struck off for failing to file accounts or documents can seek to be reinstated for up to 20 years.
To be reinstated, the company's directors would have to file the documents due for filing, and then go to the courts to seek reinstatement. In the meantime, the property and rights held by the company belong to the British crown. The crown treasurer is unlikely to seek to collect the compensation from Dun Laoghaire-Rathdown County Council.
The arbitrator who is assessing how much Jackson Way Properties should be paid for its land has said the fact the company has been struck off the UK companies register is none of his business.
Property arbitrator Mr John Shackleton told The Irish Times he expected to issue his assessment as to how much Jackson Way should be compensated "within the next month or so". An arbitration hearing ended on November 8th, 2002.
He said the fact that Jackson Way Properties Ltd had been struck off the UK register "doesn't affect me at all. My job is to assess the compensation to be paid. Whether they have been struck off or not is no concern of mine".
The law agent for the council, Mr Eddie Hughes, said it is considering the implications of the development in the context of the arbitration and the payment of the award and is taking advice. He would not comment further.
A legal source said Mr Shackleton will decide on the amount of compensation and make an award. That award must then be collected from the council by a party which can prove it is the owner of the lands concerned. Jackson Way Properties Ltd no longer exists in law so it cannot seek to collect the award.
The council has said it believes Jackson Way should be paid €7.6 million for its lands. The lands were acquired by the council in June 2001, and interest will be added to any award from that date. If the award is not collected, it is likely it will have to be provided for, along with interest, on the council's books. The provision issue might remain for up to 20 years.
