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Bankruptcy summons dismissed where there is legal uncertainty in relation to statute of limitations

By: Ian Fitzharris BL

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High Court grants application to dismiss bankruptcy summons brought by a debtor against the petitioning creditor, on the grounds that an issue arises for trial as to whether or not the issuance of the bankruptcy proceedings constitutes an 'action upon a judgment' in respect of a judgment debt which accrued in January 2012, and is therefore statute-barred by operation of the statute of limitations, or whether the summons is a 'process of execution' absolving it from the strictures of the law on the limitation of actions.

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Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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