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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

23 NOV 2010

Winding up and solicitors fees: Falmouth House Freehold Company Ltd & Anor v Morgan Walker LLP [2010] EWHC B26 (Ch) (23 November 2010)

The Honourable Mr Justice Lewison, sitting with Master Campbell and Mr Peter Todd as Assessors, has handed down his judgment in Falmouth House Freehold Company Ltd & Anor v Morgan Walker LLP [2010] EWHC B26 (Ch) (23 November 2010) . The case does not concern a specific insolvency point, but a dispute over solicitors' fees arising from a winding up petition. For example, "The evidence in support of the petitions had been preceded by a statutory demand served by Morgan Walker on House. The particulars of the debt stated that the debt was incurred on 20 November 2008 and payable on 21 December 2008; and that it arose pursuant to an invoice dated 20 November 2008. The amount of the debt was said to be "at least" £31,417.07. That was because Morgan Walker were holding £170,000 which, together with the amount specified in the statutory demand, made up the total of £201,417.07 claimed in the invoice... It could not be argued that that bill had been paid, since the non-payment of that bill was the foundation of the statutory demand; and of Morgan Walker's support of the winding up petition. It had, at best, been partly paid"

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