Canning v Irwin Mitchell Llp [2017] EWHC 718 (Ch) (06 April 2017)

Canning v Irwin Mitchell Llp [2017] EWHC 718 (Ch) (06 April 2017)

Failure to properly serve the statutory demand is a fundamental defect that cannot be cured by discretion or absence of prejudice; service is a statutory prerequisite for bankruptcy petition and was not effected in this case.

Citation
[2017] EWHC 718 (Ch)
Parties
Debtor and Appellant: Antony Canning; Creditor and Respondent: Irwin Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Bankruptcy Appeal / Appeal From County Court Decision
Outcome
Appeal allowed; bankruptcy petition dismissed.
Legal Topics
Statutory Demand Service, Jurisdiction, Discretion Under Insolvency Rules
Insolvency Bankruptcy Statutory Demand Service Jurisdiction Discretion Under Insolvency Rules

Case Brief

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Parties

Antony Canning

Debtor and Appellant

Irwin Mitchell LLP

Creditor and Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether failure to properly serve statutory demand invalidates bankruptcy petition
  2. 2 Whether court has discretion to cure defective service under Rule 7.55
  3. 3 Whether presenting petition in wrong court requires dismissal

Ratio Decidendi

Failure to properly serve the statutory demand is a fundamental defect that cannot be cured by discretion or absence of prejudice; service is a statutory prerequisite for bankruptcy petition and was not effected in this case.

Court Disposition

Appeal allowed; bankruptcy petition dismissed.

Orders

  • Petition dismissed.
  • If parties cannot agree an order, further submissions will be heard.