Lindley LJ said of the section: ‘The first question is, what is the meaning of the debtors ‘giving notice’ that he has suspended, or is about to suspend, payment of his debts? I think it does not mean mere casual talk; it must be something formal and deliberate, something done by the debtor with a consciousness that he is ‘giving notice,’ and intended to be understood in that sense. An act of bankruptcy is a serious matter. I am of opinion that what was done in the present case did not amount to a ‘giving notice’ within the Act.’
Judges:
Lindley LJ
Citations:
[1884] 13 QB 471
Statutes:
Cited by:
Cited – Michael Gerson Ltd v Greatsunny Ltd CA 9-Feb-2011
The landlord had agreed that its rights in respect of certain hired equipment installed by the tenant would be waived. On the tenant becoming insolvent, the landlord was to allow the owner 28 days to remove it. The parties disputed whether adequate . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 08 May 2022; Ref: scu.440067