Shalson v DF Keane Ltd [2003] EWHC 599 (Ch) (21 February 2003)

Shalson v DF Keane Ltd [2003] EWHC 599 (Ch) (21 February 2003)

Statutory demand is not legal proceedings for purposes of section 9 Arbitration Act 1996; no grounds to set aside statutory demands under rules 6.5(4)(d) or (a); cross-claims do not equal debts claimed; Chief Registrar acted within discretion.

Citation
[2003] EWHC 599 (Ch)
Parties
Claimant: Peter Shalson; Defendant: DF Keane Ltd
Jurisdiction
England and Wales
Judgment Date
21 February 2003
Procedural Posture
Appeal / Appeal Against Order Dismissing Applications to Set Aside Statutory Demands
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Bankruptcy, Arbitration Stay, Cross Claims, JCT Contract
Insolvency Arbitration Construction Law Statutory Demand Bankruptcy Arbitration Stay Cross Claims JCT Contract

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Parties

Peter Shalson

Claimant

DF Keane Ltd

Defendant

Procedural Posture

Appeal / Appeal Against Order Dismissing Applications to Set Aside Statutory Demands

Legal Issues

  1. 1 Whether service of statutory demand constitutes 'legal proceedings' under section 9 Arbitration Act 1996
  2. 2 Whether statutory demands should be set aside due to arbitration clause
  3. 3 Whether cross-claims equal or exceed debts claimed

Ratio Decidendi

Statutory demand is not legal proceedings for purposes of section 9 Arbitration Act 1996; no grounds to set aside statutory demands under rules 6.5(4)(d) or (a); cross-claims do not equal debts claimed; Chief Registrar acted within discretion.

Court Disposition

appeal dismissed