*/
Debt – Statutory demand. The claimant appealed against a decision of a district judge dismissing his application to set aside a statutory demand. The debt itself was not disputed but the claimant relied on a cross-claim which did not equal the debt but fell short of it by less than £750. The Chancery Division held that a statutory demand should not necessarily be set aside under the residual discretion in r 6.5(4)(d) of the Insolvency Rules 1986, SI 1986/1925 simply because the undisputed part was less than £750. On the facts of the present case, the appropriate course was not to set aside the statutory demand under r 6.5(4)(d) of the Rules.
Debt – Statutory demand. The claimant appealed against a decision of a district judge dismissing his application to set aside a statutory demand. The debt itself was not disputed but the claimant relied on a cross-claim which did not equal the debt but fell short of it by less than £750. The Chancery Division held that a statutory demand should not necessarily be set aside under the residual discretion in r 6.5(4)(d) of the Insolvency Rules 1986, SI 1986/1925 simply because the undisputed part was less than £750. On the facts of the present case, the appropriate course was not to set aside the statutory demand under r 6.5(4)(d) of the Rules.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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