Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 MAY 2012

Tallington Lakes Ltd v South Kesteven District Council [2012] EWCA Civ 443

(Court of Appeal, Etherton LJ, 15 February 2012)

Etherton LJ refused permission to appeal the decision of Norris J dismissing an application for an injunction to restrain the presentation of a winding-up petition. Since a judgment debt was not paid or satisfied until the judgment creditor was in possession of cleared funds, interest had continued to run on the outstanding liability owed by the creditor until the cheque payment had not cleared through the company's account (and not the date on which it was sent to the petitioner), by which date the interest due exceeded £750.

However, the judge opined obiter that the threshold for establishing that a debt is disputed on substantial grounds in the context of a winding-up petition is ‘not a high one' for restraining the presentation of the winding-up petition, and may be reached even if, on an application for summary judgment, the defence could be regarded ‘shadowy'.

Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Subscribe to our newsletters