| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 159 (Jul) |
| Court: | Chancery Division |
| Judge: | Proudman J (judgment delivered extempore) |
| Representation | John Briggs (instructed by Mills & Reeve, Cambridge) for the claimant. |
| James Palmer (instructed by The Wilkes Partnership, Birmingham) for the defendant. | |
| Judgment Dates: | 15 July 2010 |
Catchwords
Insolvency - Statutory demand - Setting aside statutory demand - Company of which claimant 50% shareholder entering into agreement with defendant for sale of shares - Agreement providing for independent accountant to agree completion statement in default of agreement between parties themselves - Parties referring six issues to expert pursuant to agreement - Expert determining five issues and defendant purporting to amend agreement accordingly - Company failing to pay sum allegedly due to defendant under agreement - Defendant issuing statutory demand - Claimant appealing - Whether substantial issue to be tried in respect of alleged debt - Whether order should be set aside - Insolvency Rules 1986, , r 6.5(4)(b).
The Case
Insolvency Statutory demand. The Chancery Division allowed an appeal against the refusal to set aside a statutory demand, where there were several real and substantial issues to be tried, so that the requirements of r6.5(4)(b) of the Insolvency Rules 1986, were met.
Practice Areas
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