United Kingdom disputed debtsummary judgment test

Markham v Karsten

[2007] EWHC 1509

JurisdictionUnited Kingdom

CourtHigh Court of Justice, Chancery Division

Year2007

StatusPersuasive authority

Key Principle

On an appeal against a bankruptcy order, the test for whether a petition debt is genuinely disputed is analogous to the summary-judgment test under CPR Part 24: the debtor must show a genuine triable issue, that is a realistic (as opposed to fanciful) prospect of success on the existence of the debt.

Area of Law

General

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