Amanda Louise Staveley v Victor Restis

Amanda Louise Staveley v Victor Restis

The application to set aside the statutory demand is dismissed because the 2016 Deed and its arbitration clause were superseded by subsequent agreements, including the 7 January 2021 agreement and the promissory note, both of which imposed clear personal liability on Ms Staveley. There is no credible evidence of duress, undue influence, or actionable misrepresentation. The only extant part of the demand is the principal loan amount, which is undisputed and enforceable. Claims for legal fees and interest are not pursued.

Parties
Applicant: Amanda Louise Staveley; Respondent: Victor Restis
Jurisdiction
England and Wales
Judgment Date
20 November 2024
Procedural Posture
Insolvency Application to Set Aside Statutory Demand / Judgment on Application to Set Aside Statutory Demand
Outcome
Application to set aside statutory demand dismissed as to the principal loan; statutory demand set aside as to legal fees and interest; permission to present bankruptcy petition granted after 21 days.
Legal Topics
Statutory Demand, Promissory Note, Duress, Undue Influence, Misrepresentation, Entire Agreement Clause, Arbitration Clause
Insolvency Contract Law Statutory Demand Promissory Note Duress Undue Influence Misrepresentation Entire Agreement Clause +1 more

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Parties

Amanda Louise Staveley

Applicant

Victor Restis

Respondent

Procedural Posture

Insolvency Application to Set Aside Statutory Demand / Judgment on Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand should be set aside on grounds of substantial dispute, duress, undue influence, or misrepresentation
  2. 2 Whether the dispute should be referred to arbitration under the 2016 Deed
  3. 3 Whether Ms Staveley is personally liable under the relevant agreements and promissory note

Ratio Decidendi

The application to set aside the statutory demand is dismissed because the 2016 Deed and its arbitration clause were superseded by subsequent agreements, including the 7 January 2021 agreement and the promissory note, both of which imposed clear personal liability on Ms Staveley. There is no credible evidence of duress, undue influence, or actionable misrepresentation. The only extant part of the demand is the principal loan amount, which is undisputed and enforceable. Claims for legal fees and interest are not pursued.

Court Disposition

Application to set aside statutory demand dismissed as to the principal loan; statutory demand set aside as to legal fees and interest; permission to present bankruptcy petition granted after 21 days.

Orders

  • Statutory demand set aside as to legal fees and interest.
  • Statutory demand upheld as to principal loan amount of £3,477,000.