Wallace LLP v Yates [2010] EWHC 1098 (Ch) (02 March 2010)

Wallace LLP v Yates [2010] EWHC 1098 (Ch) (02 March 2010)

The sums claimed by Wallace LLP in the statutory demand were not liquidated as at the date of the demand, as there was no agreement or unequivocal acknowledgement by Mr Yates to pay a specific sum, nor was there an estoppel. The statutory demand was therefore invalid and properly set aside.

Citation
[2010] EWHC 1098 (Ch)
Parties
Appellant: Wallace LLP; Respondent: Yates
Jurisdiction
England and Wales
Judgment Date
02 March 2010
Procedural Posture
Appeal / Judgment on Appeal From Registrar's Order Setting Aside Statutory Demand
Outcome
Appeal dismissed
Legal Topics
Statutory Demand, Liquidated and Unliquidated Debts, Solicitors' Fees, Bankruptcy Proceedings, Estoppel, Costs
Insolvency Civil Procedure Legal Profession Statutory Demand Liquidated and Unliquidated Debts Solicitors' Fees Bankruptcy Proceedings Estoppel +1 more

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Parties

Wallace LLP

Appellant

Yates

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Registrar's Order Setting Aside Statutory Demand

Legal Issues

  1. 1 Whether the sums claimed by Wallace LLP in the statutory demand were liquidated sums as at the date of the demand
  2. 2 Whether there was an agreement or estoppel binding Mr Yates to pay a liquidated sum to Wallace LLP
  3. 3 Whether the statutory demand was sufficiently clear and unequivocal in its statement of sums claimed

Ratio Decidendi

The sums claimed by Wallace LLP in the statutory demand were not liquidated as at the date of the demand, as there was no agreement or unequivocal acknowledgement by Mr Yates to pay a specific sum, nor was there an estoppel. The statutory demand was therefore invalid and properly set aside.

Court Disposition

Appeal dismissed

Orders

  • Statutory demand set aside
  • Wallace LLP to pay Mr Yates' costs