header-logo header-logo

22 January 2010
Issue: 7401 / Categories: Case law , Law digest
printer mail-detail

Insolvency

Shaw and another v MFP Foundations & Piling Ltd [2010] EWHC 9 (Ch), [2010] All ER (D) 71 (Jan)

(i) It was established law that if one of the conditions in r 6.5(4) of the Insolvency Rules 1986 (SI 1986/1925) was satisfied, the statutory demand would usually be set aside. That was because it would be unjust to require the principal debtor to face the consequences of bankruptcy if he appeared to have a counterclaim, set-off or cross demand.

(ii) The failure to litigate a cross claim was not fatal to a genuine cross claim defeating a winding-up petition. However, in deciding whether it was satisfied that the cross claim was genuine and serious, the court was entitled to take into account all the relevant circumstances. In corporate insolvency cases it was no longer a requirement that the company was unable to litigate its counterclaim; that was something which might be a relevant circumstance but it was not decisive. The law relating to corporate insolvency was not necessarily applicable to personal insolvency, where the Insolvency Act 1986 and the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll