- Statutory demands—assignees of debt beware (Dowling v Promontoria (Arrow) Ltd)
- Original news
- What are the practical implications of this case?
- What was the background to this case?
- What were the legal issues that the court had to decide?
- What did the court decide, and why?
- The first issue
- The second issue
- The third issue
- The fourth issue
- To what extent is the judgment helpful in clarifying the law in this area?
- Case details
Restructuring & Insolvency analysis: The decision in Dowling v Promontoria (Arrow) Ltd, which resulted from an application to set aside a statutory demand, demonstrates that assignees of debt need to exercise care if they are to enforce their claim by the summary bankruptcy route. The decision highlights practical points that assignees should bear in mind, as well as the impact of the purview doctrine in relation to guarantees.
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