Union Bank UK Plc v Pathak [2006] EWHC 2614 (Ch) (15 May 2006)

Union Bank UK Plc v Pathak [2006] EWHC 2614 (Ch) (15 May 2006)

It is appropriate to afford the appellant a short period to consider payment proposals due to recent illness; therefore, a 10-day delay before the bankruptcy petition can be presented is ordered.

Citation
[2006] EWHC 2614 (Ch)
Parties
Claimant/respondent: Union Bank UK PLC; Defendant/appellant: Pathak
Jurisdiction
England and Wales
Judgment Date
15 May 2006
Procedural Posture
Appeal Against Order Setting Aside Statutory Demand / Post Appeal Judgment
Outcome
Appeal allowed; statutory demand reinstated; order for 10-day delay before bankruptcy petition may be presented.
Legal Topics
Statutory Demand, Bankruptcy Petition, Discretion on Timing
Insolvency Bankruptcy Statutory Demand Bankruptcy Petition Discretion on Timing

Case Brief

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Parties

Union Bank UK PLC

Claimant/respondent

Pathak

Defendant/appellant

Procedural Posture

Appeal Against Order Setting Aside Statutory Demand / Post Appeal Judgment

Legal Issues

  1. 1 Whether to authorise presentation of bankruptcy petition after appeal against setting aside statutory demand
  2. 2 Appropriate timing for presentation of bankruptcy petition

Ratio Decidendi

It is appropriate to afford the appellant a short period to consider payment proposals due to recent illness; therefore, a 10-day delay before the bankruptcy petition can be presented is ordered.

Court Disposition

Appeal allowed; statutory demand reinstated; order for 10-day delay before bankruptcy petition may be presented.

Orders

  • Bankruptcy petition may not be presented until 10 days after this order