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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 MAY 2013

Dunbar Assets plc v Fowler [2013] BPIR 46

(Chancery Division, Chief Registrar Baister, 5 December 2012)

A statutory demand was served in July 2012 regarding guarantee liabilities of £1.2m odd. The petition was not presented until March 2012. Chief Registrar Baister held that the petition was for a liquidated sum, the petitioner had not unreasonably refused the debtor's offers and there was no valid counterclaim. A bankruptcy order was made whilst, although the petition had not been presented within 4 months and r.6.12(7) of the Insolvency Rules 1986 might not have been complied with, it was disproportionate to dismiss the petition on that basis only as no prejudice had been suffered.

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