|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 159 (Jul)|
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|
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).