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[2004] EWCA Civ 1259
The residual discretion to set aside a statutory demand under the Insolvency Rules 1986 r.6.5 (4) (d) should be exercised only where injustice would result from a refusal to set aside and a statutory demand based on the assessed costs of an action was not set aside where it had been served on behalf or a person who became the creditor in respect of the debt by assignment before the hearing to set aside.
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