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 that that this application was based on the grounds already rejected on the first demand.
Held: Circumstances had changed, and there was a possibility that the earlier costs order might be vacated. In such circumstances there was no point in the court deciding the issue presented to it. Earlier costs orders were set aside.
Judges:
Waller, Chadwick, Carnwath LJJ
Citations:
[2005] EWCA Civ 1113, [2005] 1 WLR 130
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Coulter v Chief Constable of Dorset Police ChD 12-Dec-2003
The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and . .
See Also – Coulter v Chief Constable of Dorset Police CA 8-Oct-2004
The appellant had failed in his action against the police and been ordered to pay the costs. A statutory demand was issued in the name of the respondent, but as the new chief constable had no deed of assignment, he was only equitable assignee.
Cited – Turner v Royal Bank of Scotland CA 2000
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. . .
Cited – Atherton v Ogunlende and Another CA 20-Nov-2001
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 – Brillouet v Hachette Magazines Ltd 1996
A party should not be allowed to put an argument again which had been lost at an earlier stage merely because he felt he had found a better way of putting the argument. . .
Cited – 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 . .
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – West Bromwich Building Society v Crammer CA 2002
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 . .
Cited – Heath v Tang, Stevens v Peacock CA 11-Aug-1993
The bankrupt applicants each applied to the Court of Appeal for leave to appeal against the judgment for a liquidated sum on which the bankruptcy petition had been based. In the first case, the trustee in bankruptcy indicated his unwillingness to . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 04 July 2022; Ref: scu.230009