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England and Wales Case Law

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Insolvency law

Joanna Rich v JDDR Capital Limited

The High Court dismissed Mrs Rich’s application to set aside a statutory demand and rejected Mr Rich’s substantive opposition to a bankruptcy petition.

  • Statutory demand
  • Personal guarantee
  • Bankruptcy petition
  • Assignment of debt
  • Estoppel
  • Consumer credit act
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Insolvency [2026] EWHC 853 (Ch)

Rich v JDDR Capital Ltd

Rich v JDDR Capital Ltd [2026] EWHC 853 (Ch) (14 April 2026)

The High Court rejected challenges to a statutory demand and bankruptcy petition based on an alleged understanding to convert a loan into shares and related estoppel arguments.

  • Statutory demand
  • Bankruptcy petition
  • Personal guarantee
  • Assignment of debt
  • Estoppel
  • Consumer credit act
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Civil procedure [2026] EWHC 774 (Ch)

Bunina v Nasibov

Bunina v Nasibov [2026] EWHC 774 (Ch) (16 March 2026)

The High Court continued a domestic freezing injunction where the claimant showed a good arguable case, a real risk of dissipation, and effective alternative service.

  • Freezing injunction
  • Personal guarantee
  • Jurisdiction
  • Service by alternative method
  • Risk of dissipation
  • Freezing-injunction
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Civil procedure [2026] EWHC 605 (Ch)

Bunina v Nasibov

Bunina v Nasibov [2026] EWHC 605 (Ch) (06 March 2026)

The High Court allowed alternative service of a freezing injunction by Telegram message after failed personal service attempts and evidence the handle had previously reached the respondent.

  • Alternative service
  • Freezing injunction
  • Personal guarantee
  • Cryptocurrency
  • Jurisdiction
  • Alternative-service
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Commercial law

Svetlana Bunina v Orkhan Nasibov

The claimant has a good arguable case for breach of the personal guarantee agreement, there is a real risk of dissipation of assets by the defendant, service was validly effected via Telegram and other addresses, and it is just and convenient to continue the domestic freezing injunction until trial or further order.

  • Freezing injunction
  • Personal guarantee
  • Jurisdiction
  • Service of process
  • Asset dissipation
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Insolvency [2025] EWHC 2900 (Ch)

Leahy v Schneider Investment Associates LLP

Leahy v Schneider Investment Associates LLP [2025] EWHC 2900 (Ch) (07 November 2025)

The High Court set aside a statutory demand, finding a genuine and substantial dispute over whether an unlimited personal guarantee was enforceable only if payment was made to MCL ahead of SIA.

  • Statutory demand
  • Personal guarantee
  • Promissory estoppel
  • Misrepresentation
  • Collateral contract
  • Statutory-demand
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Insolvency

Bridging Finance Inc v Anthony Lyons

Mr Lyons carried on business in England and Wales during the relevant period by letting and selling the Hamilton Terrace property in his personal capacity, establishing jurisdiction for the bankruptcy petition. The grounds of opposition to the debt are dismissed as lacking bona fide substance, being inherently and commercially implausible, unsupported by evidence, and not previously raised. Procedural defects regarding delay are waived as no prejudice was shown.

  • Carrying on business
  • Personal guarantee
  • Statutory demand
  • Jurisdiction
  • Misrepresentation
  • Collateral contract
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Contract law

Victoria Capital Trust v Aaron John Emmett & Anor

The High Court refused to set aside a default judgment against Mrs Bandak, rejecting her undue influence defence and holding she had notice of the claim.

  • Personal guarantee
  • Undue influence
  • Default judgment
  • Relief from sanctions
  • Service of process
  • Default-judgment
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Commercial law [2025] EWHC 1972 (Comm)

Victoria Capital Trust v Emmett

Victoria Capital Trust v Emmett [2025] EWHC 1972 (Comm) (30 July 2025)

Application to set aside a default judgment on a personal guarantee refused; the court found no real prospect of an undue influence defence and no other good reason.

  • Default judgment
  • Setting aside judgment
  • Personal guarantee
  • Undue influence
  • Relief from sanctions
  • Default-judgment
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Insolvency law

Patrick Leahy v Schneider Investment Associates LLP

The High Court set aside a statutory demand against Mr Leahy, finding a genuine and substantial dispute over an unlimited personal guarantee and related estoppel and misrepresentation defences.

  • Statutory demand
  • Personal guarantee
  • Promissory estoppel
  • Misrepresentation
  • Collateral contract
  • Deed of priority
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.