Ulster Bank Ltd v McLaughlin [2021] NIMaster 6 (14 May 2021)
The debt forming the basis of the petition is disputed on grounds which appear substantial; statutory requirements for bankruptcy order are not met; issues require determination by writ action and trial, not summary insolvency process.
- Citation
- [2021] NIMaster 6
- Parties
- Petitioner: Ulster Bank Limited; Debtor: Adrian McLaughlin
- Jurisdiction
- Northern Ireland
- Judgment Date
- 14 May 2021
- Procedural Posture
- Creditor's Bankruptcy Petition / Final Judgment
- Outcome
- petition dismissed
- Legal Topics
- Statutory Demand, Liquidated Sum, Guarantee Validity, Abuse of Process, Limitation Period, Evidence Requirements
Case Brief
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Parties
Ulster Bank Limited
Petitioner
Adrian McLaughlin
Debtor
Procedural Posture
Creditor's Bankruptcy Petition / Final Judgment
Legal Issues
- 1 Whether the debt claimed is disputed on substantial grounds
- 2 Whether the statutory demand and petition comply with statutory requirements
- 3 Validity of the facility letter and guarantee
Ratio Decidendi
The debt forming the basis of the petition is disputed on grounds which appear substantial; statutory requirements for bankruptcy order are not met; issues require determination by writ action and trial, not summary insolvency process.
Court Disposition
petition dismissed
Orders
- petition dismissed under Article 245
- court to hear argument as to costs
Full Case Text
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