Mr Jeremy Cousins Q.C. (sitting as a Deputy Judge of the Chancery Division) has handed down judgment in Canning v Irwin Mitchell LLP  EWHC 718 (Ch). This was an appeal from the decision of a District Judge, allowing the hearing of a bankruptcy petition to proceed notwithstanding that the creditor had failed properly to serve a statutory demand. The Court considered that the District Judge was wrong to allow the petition to proceed given that an essential prerequisite to the entitlement of the creditor to present the petition was lacking.
Alice Hawker appeared for the successful appellant.