Fulton & Anor v AIB Group (UK) PLC [2014] NICh 8 (31 March 2014)

Fulton & Anor v AIB Group (UK) PLC [2014] NICh 8 (31 March 2014)

With administrators' retrospective consent, statutory demands are valid and no grounds remain to set them aside; debts are liquidated and enforceable, and applicants failed to prove creditor is fully secured.

Citation
[2014] NICh 8
Parties
Applicant/respondent: Cyril Fulton; Applicant/respondent: Ernest Fulton; Appellant: AIB Group (UK) PLC
Jurisdiction
Northern Ireland
Judgment Date
31 March 2014
Procedural Posture
Bankruptcy Appeal / Appeal Against Master's Decision to Set Aside Statutory Demands
Outcome
appeal allowed
Legal Topics
Statutory Demand, Administration Moratorium, Retrospective Consent, Liquidated Debt, Secured Creditor
Insolvency Bankruptcy Partnership Law Statutory Demand Administration Moratorium Retrospective Consent Liquidated Debt Secured Creditor

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Parties

Cyril Fulton

Applicant/respondent

Ernest Fulton

Applicant/respondent

AIB Group (UK) PLC

Appellant

Procedural Posture

Bankruptcy Appeal / Appeal Against Master's Decision to Set Aside Statutory Demands

Legal Issues

  1. 1 Whether service of statutory demands breached the administration moratorium
  2. 2 Whether retrospective consent by administrators validates prior legal process
  3. 3 Whether debts are liquidated and enforceable

Ratio Decidendi

With administrators' retrospective consent, statutory demands are valid and no grounds remain to set them aside; debts are liquidated and enforceable, and applicants failed to prove creditor is fully secured.

Court Disposition

appeal allowed

Orders

  • Statutory demand one and statutory demand two are not set aside; AIB may proceed with legal process.