Re Humberstone Jersey Ltd: CA 24 Jan 1977

A manufacturing company was supplied with machines on terms that they were to be installed within 30 days. The installation was not completed for another 6 months and the company claimed damages for breach of contract. The supplier served a statutory demand on the company for the cost of the machines and petitioned on the basis of that debt.
Held: Because of the unquantified claim by the company for damages, the supplier could not rely on the statutory demand. It was not possible to say that there was any quantified sum due, indeed it was possible that nothing was owed.


Scarman LJ


(1977) 74 LS Gaz 711


England and Wales

Cited by:

CitedPlatts 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.


Updated: 31 July 2022; Ref: scu.184799