Dacorum Borough Council v Horne [2000] EWCA Civ 178 (26 May 2000)

Dacorum Borough Council v Horne [2000] EWCA Civ 178 (26 May 2000)

The balance of the judgment debt was immediately payable following default under the instalment payments order, and the statutory demand was validly signed by an authorised person; therefore, the statutory demand should not have been set aside and the bankruptcy order was properly made.

Citation
[2000] EWCA Civ 178
Parties
Appellant: Dacorum Borough Council; Respondent: Christopher Horne
Jurisdiction
England and Wales
Judgment Date
26 May 2000
Procedural Posture
Bankruptcy Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Demand, Instalment Payments Order, Signature Requirements, Enforcement of Judgment, Bankruptcy Petition
Insolvency Bankruptcy Civil Procedure Statutory Demand Instalment Payments Order Signature Requirements Enforcement of Judgment Bankruptcy Petition

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Parties

Dacorum Borough Council

Appellant

Christopher Horne

Respondent

Procedural Posture

Bankruptcy Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the debt was immediately payable for purposes of statutory demand under Insolvency Act 1986
  2. 2 Whether a statutory demand must be personally signed by the authorised individual

Ratio Decidendi

The balance of the judgment debt was immediately payable following default under the instalment payments order, and the statutory demand was validly signed by an authorised person; therefore, the statutory demand should not have been set aside and the bankruptcy order was properly made.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Weeks QC set aside
  • Bankruptcy order of 22 March 1999 restored