Macpherson v Wise [2011] EWCA Civ 399 (12 April 2011)

Macpherson v Wise [2011] EWCA Civ 399 (12 April 2011)

There was no credible evidence of a binding agreement to postpone repayment of the debts until after the sale of the property; the new evidence sought to be adduced was privileged and inadmissible, and there was no compelling reason to grant permission for a second appeal.

Citation
[2011] EWCA Civ 399
Parties
Appellant: Howard Macpherson; Respondent: Dennis Wise
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Civil Appeal / Application for Permission to Bring Second Appeal
Outcome
Permission to appeal refused
Legal Topics
Statutory Demand, Bankruptcy, Legal Professional Privilege, Enforceability of Agreements, Admissibility of Evidence
Insolvency Contract Statutory Demand Bankruptcy Legal Professional Privilege Enforceability of Agreements Admissibility of Evidence

Case Brief

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Parties

Howard Macpherson

Appellant

Dennis Wise

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Bring Second Appeal

Legal Issues

  1. 1 Whether there was a binding agreement to postpone repayment of debts until after sale of property
  2. 2 Whether new evidence should be admitted despite legal professional privilege
  3. 3 Whether there are substantial grounds to dispute the debt justifying setting aside the statutory demand

Ratio Decidendi

There was no credible evidence of a binding agreement to postpone repayment of the debts until after the sale of the property; the new evidence sought to be adduced was privileged and inadmissible, and there was no compelling reason to grant permission for a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application to adduce new evidence refused
  • Stay on bankruptcy proceedings lifted