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United Kingdom statutory demandassignment of debtabuse of process

Coulter v Chief Constable of Dorset

[2004] EWCA Civ 1259; [2005] 1 WLR 130; [2005] BPIR 62
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2004
StatusBinding authority

Key Principle

An assignee of a judgment debt who acquires the debt only after a statutory demand has been served by the assignor is nonetheless entitled to rely on that demand and present/pursue the bankruptcy petition, the assignment carrying with it the benefit of the demand; and a debtor should not be permitted to re-argue at the petition stage points already raised and rejected on an application to set aside the statutory demand.

Area of Law

General

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