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Success for Samuel Hodge in Clipper Holding II SARL v McEwan [2020] EWHC 1756 (Ch)

Clipper Holding II SARL v McEwan [2020] EWHC 1756 (Ch)

A bankruptcy case in which Samuel successfully appeared for the petitioning creditor. The court dismissed the debtor’s application to strike out the petition on the basis that the debt was substantially disputed. The debtor was contractually estopped from arguing that default interest amounted to a penalty clause or invoking Consumer Credit Act protections, by reason of previous conditional settlements. The court also rejected the debtor’s arguments concerning interpretation of the settlement agreements, lack of formal demand, and improper particularisation of the petition debt. Decision of ICCJ Mullen.

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