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Court considers whether a dismissed bankruptcy petition has been maliciously presented
Practical Law UK Legal Update 9-378-7950 (Approx. 5 pages)
Court considers whether a dismissed bankruptcy petition has been maliciously presented
by PLC Finance
The correct approach in a situation where a bankruptcy petition has failed and it is subsequently suggested that the presentation was malicious, was to follow Rimer J in Partizan Ltd. v OJ Kilkenny & Co Ltd [1998] 1 BCLC 157, where he decided that the presentation of a petition is an abuse of process only if the petitioner knows or believes that the debt is in truth the subject of a substantial dispute.
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Resource ID 9-378-7950© 2024 Thomson Reuters. All rights reserved.
Published on 07-Nov-2007
Resource Type Legal update: archive
Jurisdictions
Related Content- England
- Wales