Soundwave Studios Music Group Ltd v Visage Group Management Ltd [2026] EWHC 1068 (Ch) (21 May 2026)
There is a genuine and substantial dispute as to whether there has been a total failure of consideration under the Music Production Agreement, as the contract envisaged a range of services beyond delivery of a finished product, some of which were performed. The statutory demand is therefore restrained.
- Citation
- [2026] EWHC 1068 (Ch)
- Parties
- Applicant: Soundwave Studios Music Group Ltd; First Respondent: Visage Group Management Ltd; Second Respondent: Visage Cinema Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 21 May 2026
- Procedural Posture
- Application to Set Aside Statutory Demand (insolvency) / Judgment on Application
- Outcome
- Application granted; statutory demand restrained
- Legal Topics
- Statutory Demand, Failure of Consideration, Set Off and Counterclaim, Abuse of Process, Restitutionary Claims, Multi Contract Relationships
Case Brief
Summary, issues, holding and outcome
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Parties
Soundwave Studios Music Group Ltd
Applicant
Visage Group Management Ltd
First Respondent
Visage Cinema Ltd
Second Respondent
Procedural Posture
Application to Set Aside Statutory Demand (insolvency) / Judgment on Application
Legal Issues
- 1 Whether a statutory demand can be served for a sum claimed for total failure of consideration under a contract for services
- 2 Whether there is a genuine and substantial dispute as to the debt claimed
- 3 Whether set-off/counterclaims or abuse of process bar the statutory demand
Ratio Decidendi
There is a genuine and substantial dispute as to whether there has been a total failure of consideration under the Music Production Agreement, as the contract envisaged a range of services beyond delivery of a finished product, some of which were performed. The statutory demand is therefore restrained.
Court Disposition
Application granted; statutory demand restrained
Orders
- Restraining order against presentation of a winding-up petition granted
- No order as to costs specified
Full Case Text
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