Navier v Leicester [2002] EWHC 2596 (Ch) (05 November 2002)

Navier v Leicester [2002] EWHC 2596 (Ch) (05 November 2002)

There was no rational or arguable basis for holding the Official Receiver liable for the events of 20 September 1996, as he had no involvement or responsibility; the alleged debt was genuinely and substantially disputed, and the statutory demand was misconceived.

Citation
[2002] EWHC 2596 (Ch)
Parties
Applicant (respondent Below): Philip Navier; Respondent (appellant): Royston Leicester
Jurisdiction
England and Wales
Judgment Date
05 November 2002
Procedural Posture
Appeal (chancery Division, High Court) / Judgment on Appeal Against Order Setting Aside Statutory Demand
Outcome
Appeal dismissed
Legal Topics
Statutory Demand, Official Receiver Liability, Liquidated and Unliquidated Claims, Assignment of Causes of Action, Data Protection Act
Insolvency Bankruptcy Civil Procedure Statutory Demand Official Receiver Liability Liquidated and Unliquidated Claims Assignment of Causes of Action Data Protection Act

Case Brief

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Parties

Philip Navier

Applicant (respondent Below)

Royston Leicester

Respondent (appellant)

Procedural Posture

Appeal (chancery Division, High Court) / Judgment on Appeal Against Order Setting Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand against the Official Receiver was based on a debt that is genuinely disputed on substantial grounds
  2. 2 Whether the Official Receiver could be liable for losses arising from events prior to his involvement
  3. 3 Whether the claim constituted a liquidated sum suitable for a statutory demand

Ratio Decidendi

There was no rational or arguable basis for holding the Official Receiver liable for the events of 20 September 1996, as he had no involvement or responsibility; the alleged debt was genuinely and substantially disputed, and the statutory demand was misconceived.

Court Disposition

Appeal dismissed

Orders

  • Mr. Leicester's appeal is dismissed; the order setting aside the statutory demand stands.