Agilo Ltd v Henry

Agilo Ltd v Henry

Statutory demands were served by Agilo Ltd, not Master Fund, the actual creditor; as there was real scope for argument that Agilo was not entitled to enforce the guarantees, the demands should be set aside.

Parties
Claimant/appellant: Agilo Ltd; Defendant/respondent: William Henry; Respondent: Mark Henry
Jurisdiction
England and Wales
Judgment Date
22 October 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeals dismissed
Legal Topics
Statutory Demand, Personal Guarantee, Agency, Creditor's Petition, Set Aside Application
Insolvency Bankruptcy Statutory Demand Personal Guarantee Agency Creditor's Petition Set Aside Application

Case Brief

Summary, issues, holding and outcome

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Parties

Agilo Ltd

Claimant/appellant

William Henry

Defendant/respondent

Mark Henry

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether statutory demands were served by the correct party entitled to enforce the guarantees
  2. 2 Whether the statutory demands should be set aside due to service by the wrong party
  3. 3 Whether Agilo Ltd had a right to enforce the guarantees as agent or principal

Ratio Decidendi

Statutory demands were served by Agilo Ltd, not Master Fund, the actual creditor; as there was real scope for argument that Agilo was not entitled to enforce the guarantees, the demands should be set aside.

Court Disposition

Appeals dismissed

Orders

  • Appellant’s appeals from orders setting aside statutory demands are dismissed
  • Court to hear parties on Mark Henry’s cross appeal as to costs