||All England Reporter
|| All ER (D) 39 (Jan)
|| EWHC 9 (Ch)
Roger Wyand QC sitting as a deputy judge of the High Court
||The claimant did not appear and was not represented.
||James Sheehan (instructed by Solomon Taylor & Shaw) for the firm.
||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.
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.
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