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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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