MBS Recovery Limited v Kenneth George Quinney

MBS Recovery Limited v Kenneth George Quinney

The judge acted under the correct insolvency jurisdiction and was right to set aside the statutory demands as they were insufficiently clear and not for a certain and ascertained sum; the appeal is dismissed.

Source-derived case information.

Parties
Appellant: MBS Recovery Limited; Respondent: Kenneth George Quinney
Jurisdiction
England and Wales
Judgment Date
03 November 2025
Procedural Posture
Appeal / Judgment on Appeal Against Order Setting Aside Statutory Demands
Outcome
Appeal dismissed
Legal Topics
Statutory Demand, Set Aside Application, Jurisdiction, Summary Judgment, Costs
Insolvency Civil Procedure Statutory Demand Set Aside Application Jurisdiction Summary Judgment Costs

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Parties

MBS Recovery Limited

Appellant

Kenneth George Quinney

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Order Setting Aside Statutory Demands

Legal Issues

  1. 1 Whether the statutory demands could be set aside for uncertainty or lack of clarity
  2. 2 Whether the judge exercised the correct jurisdiction (Insolvency Rules vs Civil Procedure Rules)
  3. 3 Whether the statutory demands related to a certain and ascertained sum

Ratio Decidendi

The judge acted under the correct insolvency jurisdiction and was right to set aside the statutory demands as they were insufficiently clear and not for a certain and ascertained sum; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judge's order setting aside statutory demands stands
  • Costs of the appeal to follow the event