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22 January 2010
Issue: 7401 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

Freeths—Sophie Fulwell

Freeths—Sophie Fulwell

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NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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