Abernathy v Hotbed Ltd

Facts

The appellant (X) appealed against a decision refusing to set aside a statutory demand served on him by the respondent company (H). X argued that (1) there had been a collateral agreement to the effect that a guarantee was not to be enforceable unless and until loan monies in the sum of £1.25 million had been advanced; and (2) H lacked standing to serve a statutory demand.  The appeal based on H’s standing to serve a statutory demand had a real prospect of success and permission to appeal was granted.

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