Pec Barr (Holdings) Ltd v. Munro Holdings UK Ltd [2010] ScotSC 1 (12 February 2010)

Pec Barr (Holdings) Ltd v. Munro Holdings UK Ltd [2010] ScotSC 1 (12 February 2010)

The sheriff was entitled to conclude, on the basis of affidavits and bank statements, that there was no bona fide dispute on substantial grounds as to the existence of the debt, and thus the winding up order was properly granted.

Citation
[2010] ScotSC 1
Parties
Petitioners: PEC BARR (HOLDINGS) LTD; Respondents: MUNRO HOLDINGS UK LTD
Jurisdiction
Scotland
Judgment Date
12 February 2010
Procedural Posture
Appeal in Winding Up Proceedings / Appeal Decision
Outcome
Appeal refused; sheriff's interlocutor adhered to; expenses reserved.
Legal Topics
Winding Up Petition, Disputed Debt, Summary Procedure, Credibility of Evidence
Insolvency Company Law Winding Up Petition Disputed Debt Summary Procedure Credibility of Evidence

Case Brief

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Parties

PEC BARR (HOLDINGS) LTD

Petitioners

MUNRO HOLDINGS UK LTD

Respondents

Procedural Posture

Appeal in Winding Up Proceedings / Appeal Decision

Legal Issues

  1. 1 Whether the debt was disputed in good faith and on substantial grounds under section 122(1) of the Insolvency Act 1986
  2. 2 Whether the sheriff erred in assessing the existence of a bona fide dispute

Ratio Decidendi

The sheriff was entitled to conclude, on the basis of affidavits and bank statements, that there was no bona fide dispute on substantial grounds as to the existence of the debt, and thus the winding up order was properly granted.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; expenses reserved.

Orders

  • Appeal refused
  • Sheriff's interlocutor of 20 August 2009 adhered to