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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

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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