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Clipper Holding II SÀRL v McEwan [2020]

Resisted the debtor’s application to strike out a bankruptcy petition by arguing that the debtor was estopped, by virtue of the doctrine of contractual estoppel, from seeking to dispute the petition debt (on the alleged basis that the default interest in the facility agreement arguably amounted to a penalty clause, or could be the subject of the Consumer Credit Act 1974 protections) in light of the fact that the debtor had previously raised these points with the petitioner and then entered into settlement agreements which recited the total amount which was agreed as being due under the facility, and agreed that the petitioner would be entitled to present a bankruptcy petition for that sum if the debtor breached the terms of the conditional settlements