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.
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
What lessons can lawyers learn from the Chancery Division’s decision to allow an appeal against a decision of a deputy registrar setting aside a statutory demand that had been served on a guarantor? Faith Julian of 9 Stone Buildings analyses the decision in Dunbar Assets Plc v Butler.
Dunbar Assets plc v Butler  EWHC 2546 (Ch),  All ER (D) 138 (Sep)
The Chancery Division allowed an appeal against a decision of a deputy registrar setting aside a statutory demand that had been served on a guarantor, where an alleged representation that the guarantees would not be enforced was not arguably capable of giving rise to estoppel and there was no other ground for finding that the guarantee was not entitled to enforce the guarantees. Further, the deputy registrar had been wrong to conclude that there was a genuine triable issue as to the guarantor’s liability for the sums claimed. The defendant had had no realistic prospect of making out the factual basis of his case.
This was an appeal against an order setting aside a statutory demand based upon various personal guarantees given by Mr Butler. At first instance the deputy registrar found that there was a genuine triable issue as to whether the guarantees were enforceable on the basis of an alleged compromise reached between Dunbar Assets Plc (Dunbar) and Mr Butler.
The deputy judge was asked to consider whether or not:
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