Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147
“Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company’s cross claim was not merely arguable but was genuine and serious, and not whether the company should have previously asserted, litigated or issued proceedings for the cross-claim unless it had a good excuse for not doing so.”
WLR Daily, 7th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
