Harvey v Dunbar Assets Plc

Harvey v Dunbar Assets Plc

Absent special or exceptional circumstances, a debtor cannot re-litigate a point previously argued and dismissed in an earlier statutory demand, especially where the same evidence and arguments are relied upon; the Turner principle applies to prevent repeat litigation and abuse of process.

Parties
Appellant: John Spencer Harvey; Respondent: Dunbar Assets Plc
Jurisdiction
England and Wales
Judgment Date
26 November 2015
Procedural Posture
Bankruptcy Appeal / Renewed Application for Permission to Appeal and Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Promissory Estoppel, Issue Estoppel, Res Judicata, Guarantee Enforcement
Insolvency Bankruptcy Contract Statutory Demand Promissory Estoppel Issue Estoppel Res Judicata Guarantee Enforcement

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Parties

John Spencer Harvey

Appellant

Dunbar Assets Plc

Respondent

Procedural Posture

Bankruptcy Appeal / Renewed Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether a debtor can raise the same argument in respect of a second statutory demand as was raised and dismissed on the first but not pursued on appeal
  2. 2 Whether the statutory demand should be set aside on grounds that the debt is disputed on substantial grounds

Ratio Decidendi

Absent special or exceptional circumstances, a debtor cannot re-litigate a point previously argued and dismissed in an earlier statutory demand, especially where the same evidence and arguments are relied upon; the Turner principle applies to prevent repeat litigation and abuse of process.

Court Disposition

appeal dismissed

Orders

  • permission to appeal granted
  • appeal dismissed