Myerson’s David Jones and Amna Iqbal recently acted for a client in a complex matter involving two valuable investment properties worth in the region of £600,000.
The properties had unintentionally vested in the Crown as bona vacantia following the strike‑off and dissolution of the client’s company due to the negligence of their former accountant.
For nearly a decade after the dissolution, the client continued to manage, maintain, let under a HMO licence and pay tax on the properties under the mistaken belief, reinforced by their accountant, that they were the legal owner.
Unbeknownst to the client, the legal titles remained in the company name, meaning ownership had passed to the Crown under section 1012 of the Companies Act 2006.
What is a Vesting Order?
A vesting order is a legal mechanism that allows individuals or entities to recover assets previously held by a now-dissolved company.
In the context of company dissolution, assets that remain unclaimed at the time of dissolution automatically pass to the Crown as bona vacantia. This can include property, funds in bank accounts, or other valuable assets not properly distributed before the company was dissolved.
At Myerson Solicitors, we offer dedicated legal support for those seeking to recover such assets. Our service is tailored to provide practical, strategic advice and representation in recovering assets efficiently and effectively.
Pursuing a Part 8 Claim to Secure a Vesting Order
When the issue finally came to light, our client discovered she was out of time to restore the company to the register.
Myerson therefore pursued an alternative route via a Part 8 claim seeking a vesting order under section 181 of the Law of Property Act 1925 and/or section 44(ii) of the Trustees Act 1925.
Myerson successfully established that their client had acted throughout in good faith, had borne full financial responsibility for the properties since 2016, and had been misled by their accountant into believing they retained ownership. It was argued that it would be unconscionable for the Crown to retain the properties in those circumstances.
Following detailed witness evidence, the Court granted a vesting order in our client’s favour. This ensured that the legal titles were transferred from the Crown back to our client, thereby restoring the position they had always believed themselves to hold.
This case highlights Myerson’s expertise in professional negligence, particularly in complex mitigation cases involving bona vacantia issues.
Contact Our Vesting Order Experts
If you are dealing with assets that have passed to the Crown as bona vacantia, or require advice on a vesting order or company dissolution, our specialist team can help.
Contact our Dispute Resolution team to discuss your circumstances and explore the options available to recover your assets efficiently and effectively.
0161 941 4000
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Amna Iqbal
Solicitor
Amna Iqbal is a Solicitor in the Commercial Litigation team at Myerson Solicitors, acting for individuals, directors and businesses who require clear, practical and commercially focused advice when disputes arise. She advises on a wide range of contentious commercial matters, including contractual disputes, professional negligence claims, shareholder disputes and commercial agency issues.
Clients value Amna’s ability to take ownership of matters and guide them through the litigation process with clarity and confidence. She focuses on understanding a client’s commercial objectives from the outset, providing realistic advice on prospects, costs and strategy, and helping clients make informed decisions about resolution, whether through negotiation, settlement or litigation.
Amna’s day‑to‑day practice involves managing and progressing commercial disputes efficiently and proportionately. She regularly acts as the primary point of contact for clients, ensuring they are kept fully informed and supported at each stage of their case, while adopting a pragmatic approach to risk management and cost control.
She has particular experience advising clients on professional negligence claims, shareholder and partnership disputes, and contractual disputes, including disputes arising from termination and breaches of contractual obligations. Amna also regularly works with Counsel to ensure clients receive robust and well‑considered advice where matters are complex or strategically sensitive.
In addition to her casework, Amna regularly handles new enquiries and provides initial strategic advice to clients facing commercial disputes. She is committed to building long‑term client relationships by being accessible, responsive and focused on achieving practical outcomes.