Bank
Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch), [2019] All ER (D) 37 (Sep)
The appellant debtor failed in his appeal against the dismissal of his application to dismiss a statutory demand. The Chancery Division held that there had been sufficient evidence to enable the respondent (Promontoria), the assignee of a debt owed by the debtor to a bank, to establish, beyond the balance of probabilities, that the relevant date of assignment had been reached, or that the parties to the assignment had at least treated it as having been reached. The court held that, where the terms of the notice of the assignment, which had emanated from both assignor and assignee, had made it clear that the parties to the assignment had considered it to have been complete, the debtor was not entitled to challenge the title of Promontoria. The evidence before the judge had been sufficient to justify her overall conclusion. The court further allowed Promontoria’s cross-appeal on a procedural point.
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