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disputed debtstatutory demandcross claim
Re Martin Dawn plc
Martin v McLaren Construction Ltd (Re Martin Dawn plc) [2025] EWHC 406 (Ch)
Key Principle
A company or individual cannot resist a winding-up or bankruptcy petition merely by asserting that the petition debt is disputed or by pointing to set-offs or cross-claims; the court applies an approach comparable to summary judgment, asking whether there is a genuine and substantial dispute or a real prospect of a cross-claim, and unsupported allegations (such as conspiracy) will not suffice.
Area of Law
General
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