MacPherson v Wise [2011] EWHC 141 (Ch) (17 January 2011)

MacPherson v Wise [2011] EWHC 141 (Ch) (17 January 2011)

There were no substantial grounds for believing a legally binding agreement existed postponing repayment; the evidence was not credible or sufficiently detailed to raise a triable issue, and promissory estoppel did not apply.

Citation
[2011] EWHC 141 (Ch)
Parties
Claimant/respondent: Howard Macpherson; Defendant/appellant: Dennis Wise
Jurisdiction
England and Wales
Judgment Date
17 January 2011
Procedural Posture
Appeal Against Refusal to Set Aside Statutory Demand (insolvency) / Judgment on Appeal
Outcome
Appeal dismissed; statutory demand upheld.
Legal Topics
Statutory Demand, Debt Dispute, Oral Agreement, Promissory Estoppel
Insolvency Contract Statutory Demand Debt Dispute Oral Agreement Promissory Estoppel

Case Brief

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Parties

Howard Macpherson

Claimant/respondent

Dennis Wise

Defendant/appellant

Procedural Posture

Appeal Against Refusal to Set Aside Statutory Demand (insolvency) / Judgment on Appeal

Legal Issues

  1. 1 Whether there were substantial grounds for disputing the debt claimed in the statutory demand
  2. 2 Whether an oral agreement existed postponing repayment until sale of Wells House
  3. 3 Whether promissory estoppel prevented service of statutory demand

Ratio Decidendi

There were no substantial grounds for believing a legally binding agreement existed postponing repayment; the evidence was not credible or sufficiently detailed to raise a triable issue, and promissory estoppel did not apply.

Court Disposition

Appeal dismissed; statutory demand upheld.

Orders

  • Application to set aside statutory demand refused.
  • Statutory demand remains in force.