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Cage Litigation Limited v Iqbal [2022] EWHC 2731 (Ch)

Samuel Hodge represented the intended respondent, Cage Litigation Limited, at a permission to appeal application by Mrs Iqbal. The judgment considers the question (which has also been considered in Re Oxford Pharmaceuticals [2009] 2 BCLC 485) of whether the existence of a “running account” between company and creditor can provide a defence to a preference claim or mean that a recipient creditor should be given credit for payments made to the Company as part of a course of dealings. The Vice-Chancellor, Mr Justice Fancourt, considered the requirements for a “running account” argument to be made out, and concluded that such an argument was not open to Mrs Iqbal on the evidence at trial.

Samuel was instructed by Jacob Walker of Mills & Reeve.

The full judgment is available below.