Wallace LLP v Yates

Wallace LLP v Yates

The Registrar correctly found that the sums claimed by Wallace LLP were not liquidated as at the date of the statutory demand, and no agreement or estoppel existed to render them liquidated; the statutory demand was properly set aside.

Parties
Applicant: Wallace LLP; Respondent: Yates
Jurisdiction
England and Wales
Judgment Date
02 March 2010
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Liquidated Debt, Solicitor Client Fees, Estoppel, Bankruptcy
Insolvency Contract Civil Procedure Statutory Demand Liquidated Debt Solicitor Client Fees Estoppel Bankruptcy

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Parties

Wallace LLP

Applicant

Yates

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether solicitor's fees claimed in statutory demand were liquidated sums as at the date of demand
  2. 2 Whether conduct or agreement between solicitor and client rendered part of the debt liquidated
  3. 3 Whether statutory demand met requisite clarity standards

Ratio Decidendi

The Registrar correctly found that the sums claimed by Wallace LLP were not liquidated as at the date of the statutory demand, and no agreement or estoppel existed to render them liquidated; the statutory demand was properly set aside.

Court Disposition

appeal dismissed

Orders

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