Turner -v- Royal Bank of Scotland; CA 2000

References: [2000] BPIR 683
Coram: Chadwick LJ
The court was asked whether a debtor could pursue at the hearing of the bankruptcy petition a challenge to the petition debt on grounds which had already failed on an earlier application to set aside the statutory demand.
This case cites:

  • See Also – Turner -v- Royal Bank of Scotland Plc CA (Bailii, [2001] EWCA Civ 64)
    The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal.
    Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to . .

This case is cited by:

  • See Also – Turner -v- Royal Bank of Scotland Plc CA (Bailii, [2001] EWCA Civ 64)
    The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal.
    Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to . .
  • Cited – Coulter -v- Chief Constable of Dorset Police CA (Bailii, [2005] EWCA Civ 1113, [2005] 1 WLR 130)
    An appeal was made against an order refusing to set aside a second statutory demand. The demand was to enforce payment of an order for costs made in proceedings between the parties. The first statutory demand had been upheld, and the judge found . .
  • Cited – Atherton -v- Ogunlende and Another CA (Bailii, [2001] EWCA Civ 1844)
    It would be a waste of court time and the parties’ money to allow a debtor, who had already failed on his application to set aside a statutory demand, to advance the same arguments by way of challenge to the petition debt on the hearing of the . .
  • Cited – West Bromwich Building Society -v- Crammer CA ([2002] EWCA Civ 1924)
    Referring to Turner: ‘Those observations were plainly obiter in that case; but will be given, no doubt, the weight which they deserve. But they do not have the effect of depriving a court exercising its functions under s 271 of the duty to decide . .

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