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Ensygnia Ltd v Rickard

2014

CHANCERY DIVISION

United Kingdom

CORAM

  • MR. JUSTICE NUGEE

Areas of Law

  • Corporate Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

MR. JUSTICE NUGEE addresses Ensygnias application to restrain the presentation of a winding-up petition threatened in respect of alleged unpaid invoices for patent work. Ensygnia, a mobile payment app company behind Onescan, had engaged Ipulse IP Partners LLP, through partner David Rickard, before later instructing Olswangs. Rickard personally served a statutory demand for outstanding fees, but the invoices stated Ipulse was a trading name of Ipulse IP Partners LLP, raising whether Rickard or the LLP was the creditor. After the issue was identified, Ipulse assigned the debts to Rickard. Relying on Coulter v Chief Constable of Dorset Police, Rickard argued the assignment gave him standing to petition despite lacking title at the demands date, and Ensygnia did not dispute this. The judge proceeded on that common ground and set out the Angel principles governing whether debts are bona fide disputed on substantial grounds sufficient to restrain a petition.