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Permission to Appeal granted in complex corporate insolvency dispute by Charlotte Davies

4th May 2020

Permission to Appeal granted in complex corporate insolvency dispute.

Permission to appeal has been granted following the winding up of a company at Truro County Court in December 2019.

The litigation forms part of a highly complex long-running dispute between numerous parties and corporate entities, with ongoing claims worth in excess £25 million.

The Winding Up Order was made after an individual claimed they were owed a significant sum in unpaid wages, expenses and loan repayments. The court found that the company failed to demonstrate that there was a genuine dispute on substantial grounds.

At the outset of the day-long contested hearing whereby, unusually, lengthy oral evidence was heard from both sides, the court refused to admit documentation served by the company which the company said evidenced a substantial dispute over the alleged debts by way of a significant cross claim. In refusing to admit the same, the court required the company to make a relief from sanctions application - which it then dismissed.

Further, the court made the Winding Up Order for an unliquidated sum, being unable to state exactly how much was purportedly owed to the debtor.

Charlotte Davies acts for the company and is instructed by the Managing Partner of a London-based commercial law firm.

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Permission to Appeal granted in complex corporate insolvency dispute by Charlotte Davies