It was possible for a debtor, faced with a statutory demand, to seek to set up a debt against the creditor by way of a set-off and cross-demand even though the claim was against the creditor in a different capacity. Here the creditor claimed in person but the demand was against her as executor in an estate. A delay in litigating the cross-demand was not itself a bar to setting it up. There was nothing in the new rules, or the old ones, to prevent such a tactic.
Judges:
Rimer J
Citations:
Times 14-Feb-2000, Gazette 17-Feb-2000, [2000] BPIR 589
Jurisdiction:
England and Wales
Cited by:
Cited – Popely v Popely ChD 25-Jul-2003
The claimant appealed refusal to set aside a statutory demand served by the defendant. The parties had become embroiled in criminal proceedings and the defendant sought recovery of assets from the claimant. In those proceedings a costs order had . .
Cited – Dennis Rye Ltd v Bolsover District Council CA 6-May-2009
Right to raise claim against rates insolvency
The ratepayer company sought leave to appeal and to challenge the use of insolvency proceedings to recover council tax. It said that it had a valid counterclaim.
Held: Leave was refused. ‘A company is not prevented from raising a cross-claim . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 24 July 2022; Ref: scu.81669