John Forster Emmott v Michael Wilson & Partners Ltd

John Forster Emmott v Michael Wilson & Partners Ltd

The statutory demand is set aside because (1) there is a substantial dispute as to whether the statutory demand debt was assigned to MWP, and (2) the applicant has established a cross-demand exceeding the amount of the statutory demand debt.

Parties
Applicant: John Forster Emmott; Respondent: Michael Wilson & Partners Ltd
Jurisdiction
England and Wales
Judgment Date
24 October 2022
Procedural Posture
Insolvency Application to Set Aside Statutory Demand / Judgment on Application to Set Aside Statutory Demand
Outcome
Application allowed; statutory demand set aside
Legal Topics
Statutory Demand, Set Off, Assignment of Debt, Limitation Period, Cross Demand, Abuse of Process
Insolvency Civil Procedure Statutory Demand Set Off Assignment of Debt Limitation Period Cross Demand Abuse of Process

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Parties

John Forster Emmott

Applicant

Michael Wilson & Partners Ltd

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 debt was owed by the applicant to the respondent
  2. 2 Whether the statutory demand debt was assigned to the respondent
  3. 3 Whether the statutory demand debt is statute-barred under the Limitation Act 1980

Ratio Decidendi

The statutory demand is set aside because (1) there is a substantial dispute as to whether the statutory demand debt was assigned to MWP, and (2) the applicant has established a cross-demand exceeding the amount of the statutory demand debt.

Court Disposition

Application allowed; statutory demand set aside

Orders

  • The statutory demand dated 31 March 2021 is set aside.
  • Time for making the application is extended to 24 May 2021.