(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any justification for his assertions or claim.
Held: ‘the defender’s position in this action is seriously misconceived. He appears to think that unless the pursuers choose to respond to his various assertions that substantial sums are due to be paid by them to him he is entitled to serve a statutory demand leading to winding-up of the pursuers.’
Judges:
Lord Pentland
Citations:
[2012] ScotCS CSOH – 110
Links:
Statutes:
Citing:
Cited – Shedden v Patrick 1852
Pleaded allegations of fraud must be based on clear and specific averments of fact from which an inference of fraud may legitimately be drawn . .
Lists of cited by and citing cases may be incomplete.
Scotland, Insolvency
Updated: 03 November 2022; Ref: scu.461935