Source: All England Reporter
Publisher Citation: [2002] All ER (D) 290 (Mar)
Court: Chancery Division
Judge:

John Jarvis QC sitting as a deputy judge of the High Court

Representation The debtor appeared in person.
  Timothy Calland (instructed by Bowcock Cuerden, Nantwich) for the creditors.
Judgment Dates: 19 March 2002

Catchwords

Bankruptcy - Bankruptcy notice - Setting aside - Appeal against refusal to set aside statutory demand - Appeal against bankruptcy order - Debtor raising counterclaim on appeal - Whether court having discretion to adjudicate on counterclaim.

The Case

On an appeal against a decision to dismiss an application to set aside a statutory demand and against a bankruptcy order, it was open to the High Court to adjudicate on an arguable counterclaim to the debt under r6.5(4) of the Insolvency Rules 1986 when the courts below had failed to do so.

Practice Areas

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