G appealed against a refusal to set aside a statutory demand. The demand related to a claim for professional fees. G said he had a claim for professional negligence against the firm of solicitors issuing the demand. G had paid the sum claimed, but the costs of the application remained an issue. The parties had both become embroiled in a substantial fraud by a third party, and the claimant said he had lost out by the respondent’s management of the registration of an estate contract.
Held: The judge was correct in deciding that the claimant’s case in negligence was unarguable. The claimant’s argument that the defendant had acted in breach of professional standards on conflict of interest had already been put, investigated, and concluded against the claimant. The argument failed.
Judges:
Pill, Lloyd, Moore-Bick LJJ
Citations:
[2009] EWCA Civ 30
Links:
Jurisdiction:
England and Wales
Insolvency
Updated: 07 May 2022; Ref: scu.282602