| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 97 (Nov) |
| Court: | Chancery Division |
| Judge: | Leslie Kosmin QC sitting as a deputy judge of the High Court |
| Representation | Andrew Hogan (instructed by Woolliscrofts, Stoke on Trent) for the appellant. |
| James Pickering (instructed by The Smith Partnership, Derby) for the respondent. | |
| Judgment Dates: | 7 November 2001 |
Catchwords
Statutory demand - Application to set aside statutory demand - Appeal - Statutory demand arising out of moneys owing under finance agreement - Appellant alleging district judge erring in law - Whether triable issue existing between parties.
The Case
On an appeal against a decision of the district judge by which he set aside a statutory demand for debts arising under finance agreements for the lease-purchase of drilling machinery, the court ruled that there was a genuine triable issue between the parties which should be the subject of separate legal proceedings and accordingly dismissed the appeal.
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