The defendants appealed against a refusal to set aside statutory demands adjudicated due under the 1996 Act. They said that the judge had accepted that he was bound by MFO and that it was on all fours, but he had not followed it.
Held: The judge’s discretion had been wrongly exercised, and the court had to reconsider the case.
Judges:
Stephen Davies J
Citations:
[2010] EWHC 9 (Ch), [2010] CILL 2831, [2010] 3 EG 102, [2010] BPIR 397, [2010] 1 EGLR 1, [2010] 11 EG 122, [2010] 2 BCLC 85
Links:
Statutes:
Housing Grants Construction and Regeneration Act 1996
Jurisdiction:
England and Wales
Citing:
Cited – Parke v The Fenton Gretton Partnership ChD 2-Aug-2000
The defendant creditor had obtained an adjudicator’s decision against the debtor on its final account claim, but the debtor had little notice of the adjudication. At the application to set aside the statutory demand, Mr Parke had already commenced . .
Cited – AEI Rediffusion Music Ltd v Phonographic Performance Ltd CA 1-Feb-1999
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on . .
Cited – Remblance v Octagon Assets Ltd CA 17-Jun-2009
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, . .
Cited – Guardi Shoes Ltd v Datum Contracts 28-Oct-2002
. .
Cited – In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland CA 1989
A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form.
Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.
Lord Justice . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 04 October 2022; Ref: scu.392548