Source: All England Reporter
Publisher Citation: [2002] All ER (D) 312 (Jan)
Court: Chancery Division
Judge:

Judge Rich QC sitting as a judge of the High Court

Representation The appellant appeared in person.
  Camilla Lamont (instructed by Fladgate Fielder) for the respondent.
Judgment Dates: 31 January 2002

Catchwords

Statutory demand - Application to set aside statutory demand - Appeal - Creditor satisfying appellant's counterclaim twice over - Appellant alleging further counterclaims equalling or exceeding debt - Deputy registrar refusing to set aside statutory demand - Whether deputy registrar erring.

The Case

The deputy registrar's decision to refuse the appellant's application to set aside the statutory demand was upheld on the ground that, inter alia, he was estopped from claiming the debt adjudicated on in previous proceedings.

Practice Areas

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