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United Kingdom
statutory demanddisputed debtannulment
Go Capital Ltd v Phull
[2020] EWHC 1235 (Ch); [2022] BPIR 819
Key Principle
The degree of certainty required that a petition debt is well-founded (i.e. not subject to a genuine and substantial dispute) is substantially the same at each stage of the bankruptcy process — setting aside a statutory demand, hearing the bankruptcy petition, and annulling a bankruptcy order — so the height of the hurdle facing the debtor does not change with the stage at which the challenge is mounted.
Area of Law
General
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