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We
represented IBC Ltd when Yell.com petitioned for their liquidation
under Section 122(d) of the Insolvency Act 1986. The Petition
proceeded on the basis of a demand for payment of a sum of only
£244.62.
The matter was finally heard by the Sheriff Principal in the
Appeal Court. Having lost at First Instance, Yell.com sought
to persuade the Sheriff Principal that they were entitled to
petition for the liquidation of a company who had failed to
satisfy a demand on time.
We successfully argued that it was inequitable to allow the
draconian remedy of liquidation for such a paltry sum. |
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The
Appeal Court upheld the Sheriff's earlier decision which suggested
that the correct method to recover such debts would be in the
small claims court.
Expenses were awarded in full, in favour of our clients. |
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