||All England Reporter
|| All ER (D) 290 (Mar)
John Jarvis QC sitting as a deputy judge of the High Court
||The debtor appeared in person.
||Timothy Calland (instructed by Bowcock Cuerden, Nantwich) for the creditors.
||19 March 2002
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.
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.
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