Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
In Harvey v Dunbar Assets plc (No 2), the court heard an appeal on the refusal to set aside a second statutory demand, where the same point had been raised on the first statutory demand but where the first statutory demand had been set aside on appeal on a different point. Joseph Curl, barrister at 9 Stone Buildings, discusses the decision.
Harvey v Dunbar Assets plc (No 2)  EWHC 3355 (Ch),  All ER (D) 02 (Dec)
The Chancery Division dismissed an appeal against a district judge's dismissal of the claimant's application to set aside a second statutory demand issued by a bank against him under a guarantee where it had been based on the same argument, promissory estoppel, used in respect of his application to set aside the first statutory demand issued by the bank. Where there was a second statutory demand, an argument that had been run unsuccessfully and abandoned on appeal could not be raised in respect of a second statutory demand unless there was a change of, or special, circumstances. There were no special or exceptional circumstances in the present case to justify re-opening or re-arguing the promissory estoppel point, which had previously been rejected and the district judge had been entitled to come to the conclusion that he had.
This appeal of a debtor’s unsuccessful application to set aside a statutory demand had an unusual background. On 10 March 2008, Mr Harvey had been one of four individuals who had entered into a composite instrument of personal guarantee in favour of what was, at the time, Dunbar Bank plc (Dunbar) to secure the borrowing of a company. The company’s indebtedness was called in during 2011 and, shortly thereafter, a statutory demand was served on Mr Harvey under the guarantee. Mr Harvey applied to set the statutory demand aside pursuant
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.
Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.
0330 161 1234