Source: All England Reporter
Publisher Citation: [2009] All ER (D) 113 (Feb)
Neutral Citation: [2009] EWCA Civ 30
Court: Court of Appeal, Civil Division

Pill, Lloyd and Moore-Bick LJJ

Representation William Evans (instructed by Bridgehouse Partners LLP) for the applicant.
  Paul Parker (instructed by Pannone LLP) for the respondent.
Judgment Dates: 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.

The Case

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.

Practice Areas

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