header-logo header-logo

21 May 2015 / Elaine Palser
Issue: 7653 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Costly consequences

nlj_7653_palser

Who bears the costs of statutory demands, asks Elaine Palser

This article considers the cost consequences following service of a statutory demand in two scenarios:

  1. X serves a statutory demand on Y (an individual). Y applies to set aside the statutory demand. Upon seeing the application and evidence in support, X withdraws the statutory demand.
  2. X serves a statutory demand on Z (a company). Z applies to restrain presentation of a winding-up petition. Upon seeing the application and evidence in support, X gives an undertaking not to present a winding-up petition.

Creditor takes the risk

While scenarios (a) and (b) are common scenarios, awareness of the authorities governing the costs consequences seems to be less so. Often X will assert that Y and Z should bear X’s costs—or that there should be no order as to costs— because X simply did not know that there was any potential defence until seeing the evidence. The invariable outcome though is that X will have to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll