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The court had to consider whether a failure to comply with the procedures set out in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) for the issuing of a petition rendered the process null and void. There was further consideration of the inter-relationship between liability orders made for statutory deemed debts and the effect on the insolvency processes of potential disputes on that liability. In addition, the court had to consider the appropriateness of possible civil restraint order proceedings for unsuccessful applications. A salutary tale for those issuing petitions but also for those seeking to challenge proceedings on unpaid, deemed debts. Written by Graham McPhie, partner at Moon Beever LLP.
Re Saint Benedict’s Land Trust Ltd  EWHC 3370 (Ch)
In a case that is undoubtedly fact specific, the key practical points that can be taken are:
The appellant had issued an appeal against the decision made by the district judge at first instance to dismiss a winding-up petition and to award costs to the petitioning and a supporting creditor. The petition had been dismissed because the underlying debt had been paid. The assertion was that the petition was invalid as the witness statement verifying it had not
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