The evidence disclosed a genuine triable issue as to whether there was a current liability to pay a sum equalling or exceeding andpound;750 and so a statutory demand had rightly been set aside. The judge had found that the debtor had a substantial argument that he might owe less than andpound;750. There the judge had found that the debtor had a substantial argument that he might owe less than andpound;750. Sir Donald Nicholls V.-C. said of Rule 6.5(4)(b) (at p.70): ‘It cannot be that a dispute as to part only enables the debtor to have the whole demand set aside even if, for example, there is no dispute concerning his liability to pay some other specific amount.’
Judges:
Sir Donald Nicholls V-C
Citations:
[1995] Ch 66
Jurisdiction:
England and Wales
Cited by:
Cited – Platts v Trustees Savings Bank Plc CA 13-Feb-1998
A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank’s claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 07 December 2022; Ref: scu.184797