Setting Aside Statutory Demands - Dissent in the Court of Appeal - Remblance v Octagon Assets Ltd [2009] EWCA Civ 581

Lord Justice Mummery has dissented from the majority view in the recent judgment of the Court of Appeal in Remblance v Octagon Assets Ltd [2009] EWCA Civ 581. The case makes very interesting reading, not least because of the dissenting judgment, but also because the subject of setting aside statutory demands is given a thorough airing. As Dyson, LJ notes: "The only issue with which we are concerned is whether the judge exercised his discretion properly in refusing to set aside the statutory demand against Mr Remblance under rule 6.5(4)(d) of the Insolvency Rules 1986."

In his dissenting judgment Mummery, LJ notes:
Picture Credit: