London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd

London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd

Failure to sign the verifying witness statement was a formal defect, not rendering the petition a nullity. Rule 12.64 applied as no substantial injustice was caused and the defect was remedied. The applications by SBLT were totally without merit as the debts had been paid and no prejudice was shown.

Parties
Debtor/appellant: Saint Benedict’s Land Trust Limited; Creditor/respondent: London Borough of Camden Council; Creditor/respondent: Preston City Council
Jurisdiction
England and Wales
Judgment Date
06 December 2019
Procedural Posture
Insolvency Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
permission to appeal refused; appeal dismissed
Legal Topics
Winding Up Petition, Verification of Petition, Costs, Civil Restraint Orders
Insolvency Law Civil Procedure Winding Up Petition Verification of Petition Costs Civil Restraint Orders

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Parties

Saint Benedict’s Land Trust Limited

Debtor/appellant

London Borough of Camden Council

Creditor/respondent

Preston City Council

Creditor/respondent

Procedural Posture

Insolvency Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether failure to sign the witness statement verifying the winding up petition rendered the petition a nullity
  2. 2 Whether the District Judge erred in applying rule 12.64 of the Insolvency Rules 2016 to cure the defect
  3. 3 Whether the applications by SBLT were totally without merit

Ratio Decidendi

Failure to sign the verifying witness statement was a formal defect, not rendering the petition a nullity. Rule 12.64 applied as no substantial injustice was caused and the defect was remedied. The applications by SBLT were totally without merit as the debts had been paid and no prejudice was shown.

Court Disposition

permission to appeal refused; appeal dismissed

Orders

  • SBLT refused permission to appeal
  • Applications by SBLT declared totally without merit