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18 January 2013
Issue: 7544 / Categories: Case law , Law digest , In Court
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Company

Tallington Lakes Ltd and another v Ancasta International Boat Sales Ltd [2012] EWCA Civ 1712, [2013] All ER (D) 14 (Jan)

It was settled law that, if a company could demonstrate that the alleged debt on which a petition was founded was genuinely disputed on substantial grounds, the court would strike out the petition. The principle was essentially a statement of general practice. A petitioner had to establish its standing to present a winding-up petition. Those with standing were defined for the present purposes by s 124 of the Insolvency Act 1986 and included any creditor or creditors. Where the company disputed any liability to a person petitioning as a creditor, it was taking issue with the petitioner’s standing to present the petition. It would, in theory, be open to the court dealing with the winding-up petition to try that issue itself, as in effect a preliminary issue. However, for at least three sound reasons, that was not the practice of the court: (i) it was not the function of the Companies Court to try disputed debt claims; (ii) the threat of winding-up proceedings could otherwise be used

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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