Injunction to restrain winding-up petition refused despite assertion of cash flow solvency (Portland Stone Firms Ltd v Albert Goodman LLP)
Restructuring & Insolvency analysis: The court dismissed an application by Portland Stone Firms Ltd (PSF) for an order restraining Albert Goodman LLP (AG) from advertising a winding-up petition. The petition relied upon an unsatisfied statutory demand and section 123(1)(e) of the Insolvency Act 1986. The court accepted that while the precise sum owed to AG could not be calculated, it was nonetheless clear that AG was owed more than £750. That was sufficient for the petition to continue, despite PSF producing evidence which allegedly showed that it was cash flow solvent. This case provides an example of the approach which the court will take when: there are disputes of fact; the precise sum owing to a creditor is incapable of calculation; a debtor asserts cash flow solvency in support of an application to restrain advertisement. Written by Govinder Chambay, barrister at Guildhall Chambers.