||All England Reporter
|| All ER (D) 113 (Feb)
|| EWCA Civ 30
||Court of Appeal, Civil Division
Pill, Lloyd and Moore-Bick LJJ
||William Evans (instructed by Bridgehouse Partners LLP) for the applicant.
||Paul Parker (instructed by Pannone LLP) for the respondent.
||10 February 2009
Bankruptcy - Statutory demand - Setting aside a statutory demand - Respondent issuing statutory demand to recover legal fees - Applicant applying to set aside statutory demand on basis of his cross claim - Applicant paying disputed debt after judge allowing bankruptcy petition to be issued - Whether judge erring in refusing to set aside statutory demand.
Bankruptcy Statutory demand. Court of Appeal, Civil Division: The judge had been correct to refuse to set aside the statutory demand, based on unpaid legal fees presented by the respondent, as the applicant had no reasonable cross claim to extinguish the amount claimed.
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