Source: All England Reporter
Publisher Citation: [2013] All ER (D) 39 (Jan)
Neutral Citation: [2013] EWHC 9 (Ch)
Court: Chancery Division

Roger Wyand QC sitting as a deputy judge of the High Court

Representation The claimant did not appear and was not represented.
  James Sheehan (instructed by Solomon Taylor & Shaw) for the firm.
Judgment Dates: 11 January 2013


Guarantee - Bankruptcy - Statutory demand - Claimant entering into deal of guarantee with defendant solicitors' firm - Firm issuing statutory demand against claimant - Claimant seeking to set aside statutory demand - Claimant submitting, inter alia, that first instance judge misdirecting herself in law by finding no genuine triable issue - Whether appeal to be allowed - Whether claimant's arguments demonstrating triable issue - Whether statutory demand to be set aside.

The Case

Guarantee Bankruptcy. The Chancery Division considered the claimant's appeal against the court of first instance's refusal to set aside a statutory demand made by the defendant solicitors' firm. Although the standard of proof used by the judge at first instance had been unclear, none of the claimant's arguments demonstrated a triable issue, and therefore the appeal would be dismissed.

Practice Areas

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