Restraining the presentation of winding-up petitions (SKS Justa & Co Ltd v Justa Ltd)
Restructuring & Insolvency analysis: The case concerned the fall-out from the sale of an accountancy practice, the dispute centring on the availability and extent of the payment of deferred consideration. The respondent had served statutory demands on the two purchasers, who then raised a welter of disputes in order to divert the dispute from the insolvency court to a Part 7 claim. After a heavily contested hearing of the applicants’ application to restrain the presentation of winding-up petitions by the respondent, Deputy ICC Judge Arumugam undertook a common-sense analysis of the applicants’ disputes, and found none of them to be genuine disputes on substantial grounds; indeed, his view was that, even without conducting a mini-trial, they flew in the face of the contemporaneous evidence. Written by Ali Tabari, barrister and mediator at St Philips Chambers.