Agilo Ltd v Henry [2010] EWHC 2717 (Ch) (22 October 2010)

Agilo Ltd v Henry [2010] EWHC 2717 (Ch) (22 October 2010)

The statutory demands were invalid because they were served by Agilo Ltd, which was not the creditor entitled to enforce the guarantees or present a bankruptcy petition; there was at least a substantial dispute as to Agilo Ltd's entitlement, and no statutory demand had been served by or on behalf of Agilo Master Fund Limited, the actual creditor.

Citation
[2010] EWHC 2717 (Ch)
Parties
Claimant/appellant: Agilo Ltd; Defendant/respondent: William Henry
Jurisdiction
England and Wales
Judgment Date
22 October 2010
Procedural Posture
Appeal / Judgment on Appeal Against Orders Setting Aside Statutory Demands
Outcome
Appeal dismissed
Legal Topics
Statutory Demand, Personal Guarantee, Right to Sue, Agency, Bankruptcy Petition, Defective Statutory Demand
Insolvency Bankruptcy Agency Law Statutory Demand Personal Guarantee Right to Sue Agency Bankruptcy Petition +1 more

Case Brief

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Parties

Agilo Ltd

Claimant/appellant

William Henry

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Orders Setting Aside Statutory Demands

Legal Issues

  1. 1 Whether statutory demands served by Agilo Ltd (as agent) instead of Agilo Master Fund Limited (the principal/creditor) are valid for bankruptcy proceedings
  2. 2 Whether the guarantees conferred a right to sue on Agilo Ltd as agent
  3. 3 Whether any technical defect in the statutory demand justifies setting it aside

Ratio Decidendi

The statutory demands were invalid because they were served by Agilo Ltd, which was not the creditor entitled to enforce the guarantees or present a bankruptcy petition; there was at least a substantial dispute as to Agilo Ltd's entitlement, and no statutory demand had been served by or on behalf of Agilo Master Fund Limited, the actual creditor.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeals from the orders setting aside the statutory demands are dismissed.
  • Court to hear parties on Mr Mark Henry's cross appeal as to costs.