Selected experience · High Court, Insolvency and Companies List
Makki v Bank of Beirut SAL
[2022] EWHC 733 (Ch); [2022] EWHC 1206 (Ch)
[2022] EWHC 733 (Ch); [2022] EWHC 1206 (Ch)
High Court, Insolvency and Companies List
2022
Counsel for Bank of Beirut SAL in the substantive statutory-demand hearing, instructed by Howard Kennedy LLP
Personal insolvency and cross-border banking disputes
Deputy Insolvency and Companies Court Judge Greenwood
Alexander represented Bank of Beirut SAL on a substantial application concerning a statutory demand founded on an English costs order and a competing cross-claim pursued in Lebanon.
Case overview
The Bank served a statutory demand based on a costs liability arising from English criminal proceedings. Mr Makki relied on substantial proceedings against the Bank in Lebanon as a counterclaim, set-off or cross-demand. The case required the court to consider time limits, mutuality and the treatment of competing cross-border claims within the personal-insolvency regime.
Principal issues or remedies
- Whether the application to set aside the statutory demand was in time and, if necessary, whether time should be extended.
- Whether a counterclaim, set-off or cross-demand under rule 10.5(5)(a) required mutuality.
- Whether the Lebanese proceedings raised a genuine triable issue exceeding the English costs debt.
Alexander's role, work and outcome
Alexander advanced detailed submissions for the Bank on time limits, mutuality, the legal status of the Lebanese proceedings and the evidential threshold for a genuine triable issue. The High Court extended time and set aside the statutory demand after finding a genuine triable issue in relation to the Lebanese claim. Different counsel appeared for the Bank at the later consequential hearing.
Why the case matters
The substantive judgment is reported at [2022] BPIR 1087 and provides guidance on late applications to set aside statutory demands and on cross-demands arising from foreign proceedings.