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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 MAY 2013

Francis v Solomon Taylor & Shaw (A Firm) [2013] EWHC 9 (Ch); [2013] BPIR 314

(Chancery Division, Roger Wyand QC (sitting as a deputy High Court judge), 11 January 2013)

F gave a guarantee to STS, in connection with the provision of legal services by STS to a number of clients connected with F. These sums had not been paid, and STS served a statutory demand on F. The district judge dismissed the application. F sought to appeal, but sought a further adjournment of the appeal on the grounds of ill health and the need for his new solicitors to familiarise themselves with the background paperwork. Note: Roger Wyand QC (sitting as a deputy High Court judge) ruled that it was appropriate to hear the application in F's absence, granted permission to appeal, but dismissed it. There was no triable issue with respect to F's arguments as to what had been agreed with STS in respect to the operation of the guarantee, which created a liability in the form of a liquidated debt once the detailed invoices had been submitted.

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