Knight v ABV Recycling Ltd
The court found no genuine dispute on substantial grounds regarding the personal guarantee or the underlying debt, as the evidence supported the respondent's case and the appellant failed to provide sufficient contrary evidence or explanation. The undisputed portion of the debt exceeded the statutory minimum, justifying refusal to set aside the statutory demand.
- Parties
- Appellant: Bradley Knight; Respondent: ABS Recycling Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 02 December 2014
- Procedural Posture
- Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Statutory Demand
- Outcome
- Appeal dismissed
- Legal Topics
- Statutory Demand, Personal Guarantee, Debt Recovery, Summary Judgment, Authority of Agents
Case Brief
Summary, issues, holding and outcome
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Parties
Bradley Knight
Appellant
ABS Recycling Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Statutory Demand
Legal Issues
- 1 Whether there was a genuine dispute on substantial grounds as to the existence and enforceability of a personal guarantee signed by the appellant
- 2 Whether the underlying company debt was genuinely disputed on substantial grounds
Ratio Decidendi
The court found no genuine dispute on substantial grounds regarding the personal guarantee or the underlying debt, as the evidence supported the respondent's case and the appellant failed to provide sufficient contrary evidence or explanation. The undisputed portion of the debt exceeded the statutory minimum, justifying refusal to set aside the statutory demand.
Court Disposition
Appeal dismissed
Orders
- Statutory demand not set aside
- No order as to costs specified
Full Case Text
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