Sandelson v Mulville [2019]

A debtor attempted to argue that the obligation to pay the settlement sum due under a settlement agreement was a “dependent” obligation such that non-payment could not form the basis of a bankruptcy petition. Phillip (led by Jeremy Goldring QC) successfully argued that the payment obligation was an “independent” obligation which could be pursued by bankruptcy petition and that previous Court of Appeal authority relating to a share purchase agreement should be distinguished.