header-logo header-logo

11 June 2009 / Michael Walsh
Issue: 7373 / Categories: Features , Procedure & practice
printer mail-detail

Demanding times

Michael Walsh looks at recouping funds by service of statutory demands

It is also possible to effect service by placing a notice in one or more newspapers.

Detailed guidance on this can be found in the Practice Direction: Insolvency Proceedings 2000 BCC 927 (PDIP) at para 11.2.

The importance of personal service cannot be understated because if the court finds that the creditor did not do all that is reasonable in serving the demand then it can refuse to seal the bankruptcy petition.

In practice, if a creditor has done all that he can reasonably do to bring the demand to the attention of the debtor then service can be effected by other means, such as by first class post or by putting it through a letterbox personally (see PDIP, para 11.1). 

What happens next?

After service of a demand has been effected the debtor has two choices: 
(i) he can either pay the sum demanded within 21 days after service; or
(ii) he can apply within 18 days to set the demand aside.

If the debtor

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll