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England and Wales Case Law

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Insolvency [2025] EWHC 256 (Ch)

AFP Assets Ltd v Hugill

AFP Assets Ltd v Hugill [2025] EWHC 256 (Ch) (07 February 2025)

High Court appeal over statutory demands under insolvency law. The court found the judge had erred on events of default, clause 18, and the burden of proof.

  • Statutory demand
  • Setting aside statutory demand
  • Events of default
  • Termination of contract
  • Burden of proof
  • Summary judgment test
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Insolvency law

Prince Marwaha v Entertainment One Ltd

High Court appeal on whether a settlement of proceedings also compromised an assigned loan debt, and whether a statutory demand was abusive. The appeal was dismissed.

  • Statutory demand
  • Setting aside statutory demand
  • Compromise and settlement
  • Abuse of process
  • Henderson v henderson rule
  • Statutory-demand
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Insolvency

Wagner v White

Appeal dismissed against refusal to set aside statutory demands based on personal guarantees. The court held there was no genuine triable issue and no causative bad faith.

  • Statutory demand
  • Personal guarantee
  • Suretyship
  • Breach of fiduciary duty
  • Unlawful means conspiracy
  • Setting aside statutory demand
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Civil procedure

Brookes v Hodgson

On an appeal from a County Court decision, the court found a serious breach of Practice Direction 52B service requirements but made no order, declining to strike out the appeal or require attendance.

  • Setting aside statutory demand
  • Extension of time
  • Noncompliance with practice direction
  • Relief from sanctions
  • Civil-procedure
  • Relief-from-sanctions
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Civil procedure [2018] EWHC 929 (Ch)

Brookes v Hodgson

Brookes v Hodgson [2018] EWHC 929 (Ch) (22 February 2018)

The High Court considered whether a failure to serve an oral reconsideration application justified strike out, and whether further action was needed over alleged misleading documents.

  • Setting aside statutory demand
  • Extension of time
  • Service of documents
  • Practice direction compliance
  • Relief from sanctions
  • Relief-from-sanctions
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Contract law [2014] EWHC 996 (Ch)

Josife v Summertrot Holdings Ltd

Josife v Summertrot Holdings Ltd [2014] EWHC 996 (Ch) (04 April 2014)

High Court appeal dismissed: the court upheld refusal to set aside a statutory demand, finding no real prospect of showing Summertrot knew or ought to have known of incapacity.

  • Mental incapacity and contract validity
  • Statutory demand
  • Guarantee enforcement
  • Knowledge of incapacity
  • Setting aside statutory demand
  • Mental-capacity
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Insolvency

Macpherson v Wise

The Court of Appeal refused permission for a second appeal against a statutory demand, finding no substantial dispute on liability and excluding privileged new evidence.

  • Statutory demand
  • Setting aside statutory demand
  • Legal professional privilege
  • Enforceability of agreements
  • Admission of new evidence
  • Statutory-demand
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Insolvency [2010] EWHC 124 (Ch)

Crossley- Cooke v Europanel (UK) Ltd

Crossley- Cooke v Europanel (UK) Ltd [2010] EWHC 124 (Ch) (25 January 2010)

The High Court allowed an appeal and set aside a statutory demand after finding a genuine triable issue as to whether the debt was owed by the appellant or PSD.

  • Statutory demand
  • Setting aside statutory demand
  • Genuine triable issue
  • Summary judgment standard
  • Statutory-demand
  • Setting-aside-statutory-demand
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Civil procedure [2002] EWCA Civ 1714

Foden v Humphry & Co (A Firm) & Anor

Foden v Humphry & Co (A Firm) & Anor [2002] EWCA Civ 1714 (8 November 2002)

Court of Appeal refused permission to appeal against dismissal of applications to set aside statutory demands based on unpaid costs orders.

  • Statutory demand
  • Setting aside statutory demand
  • Costs orders
  • Permission to appeal
  • Human rights (article 6, article 1 protocol 1)
  • Statutory-demand
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Insolvency [2002] EWCA Civ 1051

Alty v Bargain Booze Ltd & Anor

Alty v Bargain Booze Ltd & Anor [2002] EWCA Civ 1051 (1 July 2002)

The Court of Appeal refused Mrs Alty’s application for permission to appeal and an extension of time in a challenge to a statutory demand.

  • Statutory demand
  • Setting aside statutory demand
  • Appeal procedure
  • Bankruptcy
  • Statutory-demand
  • Set-aside-statutory-demand
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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.