Barnes v Whitehead: ChD 2004

Where a party seeks to run an argument which might have been made earlier, it will inquire why those arguments were not run at the time when they could and should have been run. However, a failure to apply to set aside the statutory demand does not affect the debtor’s right to raise a dispute in due course at the hearing of the bankruptcy petition.
Whilst a petition might still be dismissed even if an application to set aside the statutory demand had not been made, the better procedure was to challenge the debt before a petition could be issued.


HHJ Maddocks


[2004] BPIR 693


England and Wales

Cited by:

CitedCoulter v Chief Constable of Dorset Police CA 13-Jul-2005
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 . .
CitedHarvey v Dunbar Assets Plc CA 13-Feb-2017
This appeal raises an issue of principle in the law of bankruptcy on which there is no previous authority directly in point. If:
(a) a debtor’s application to set aside a statutory demand (‘SD1’) is dismissed on the merits, by application of . .
CitedJacob v Vockrodt QBD 12-Oct-2007
The claimant sought damages saying that the instigation by the defendant of insolvency proceedings had been malicious. . .
CitedVaidya v Wijayawardhana ChD 31-Mar-2010
Application for permission to appeal against refusal of annulment of bankruptcy order. . .
CitedHurley v The Darjan Estate Company Plc ChD 10-Feb-2012
H appealed against an order made for his bankruptcy on an application by DJ. . .
Lists of cited by and citing cases may be incomplete.


Updated: 07 May 2022; Ref: scu.230917