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
In Harvey v Dunbar Assets plc (No 2), the Court of Appeal was asked to decide whether a debtor could apply to set aside a statutory demand on a ground that he had unsuccessfully argued in respect of a previous statutory demand that had been served on him. Joseph Curl, barrister at 9 Stone Buildings who acted for Dunbar Assets plc, discusses the Court of Appeal’s judgment.
Harvey v Dunbar Assets plc (No 2)  EWCA Civ 60,  All ER (D) 127 (Feb)
The Court of Appeal, Civil Division held that, in the circumstances of the case, it was not open to the debtor to apply to set aside a second statutory demand on the same grounds on which he had unsuccessfully raised in opposition to a first statutory demand and which he had never sought to uphold on the appeal from the first statutory demand.
This was an appeal to the Court of Appeal against the decision of His Honour Judge Kaye QC (sitting as a High Court judge) to refuse to set aside a statutory demand served on the appellant, Mr Harvey, by Dunbar Assets plc (Dunbar). The proceedings had a very unusual and drawn-out history.
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 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 to rule 6.5(4) of the Insolvency Rules 1986, SI 1986/1925 on the ground that an officer of Dunbar had allegedly promised him that the guarantee would never be called in. Mr Harvey contended that the alleged representation gave rise to a promissory estoppel in his favour. This is an
Free trials are only available to individuals based in the UK
* denotes a required field
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial. See our full terms here.
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