Can a court set aside a statutory order?
Can a court set aside a statutory order?
The Court will also consider other reasons to set aside a statutory demand including: the statutory demand has not been issued in the correct manner, you owe less than £5,000 (as an individual) or in the alternative £750 (as a company), or you have a legal defence to court action being taken against you. 2.
When can I apply to set aside a statutory demand?
If you have been issued a statutory demand that you cannot pay, or do not wish to pay, you can take action and make an application to have the demand cancelled. This is known as setting aside a statutory demand. When can I apply to set aside a statutory demand?
What do you need to know about the set aside rule?
Rule 10.4 (6) also provides that the Set Aside Application must be supported by a witness statement and a copy of the Statutory Demand (if the debtor has it in his possession). The witness statement must set out: The grounds on which the debtor claims that it should be set aside (see Rule 10.5 below)
How to set aside a statutory demand in insolvency?
Insolvency Rules – Application to Set Aside a Statutory Demand 10/04/2017 Alan Bennett Send us a message Applications to Set Aside a Statutory Demand Set Aside Applications were previously governed by rules 6.4 and 6.5. They are now governed by Rules 10.4 and 10.5 which largely replicate the old rules. Time Period
The Court will also consider other reasons to set aside a statutory demand including: the statutory demand has not been issued in the correct manner, you owe less than £5,000 (as an individual) or in the alternative £750 (as a company), or you have a legal defence to court action being taken against you. 2.
When do I need to set aside a statutory demand?
If you need to set aside a statutory demand then you will need to make an application before the Court for an order that the statutory demand be set aside. This article will detail setting aside a stat demand if there is a genuine dispute between the company and the respondent about the existence or amount of a debt to which the demand relates.
Rule 10.4 (6) also provides that the Set Aside Application must be supported by a witness statement and a copy of the Statutory Demand (if the debtor has it in his possession). The witness statement must set out: The grounds on which the debtor claims that it should be set aside (see Rule 10.5 below)
What happens if an application for set aside is not dismissed?
If the Set Aside Application is not dismissed on paper, the court must fix a venue for it to be heard, and must give at least 5 business days’ (which will be clear days) notice to the debtor (or their solicitor), the creditor and ” whoever is named in the Statutory Demand as the person with whom the debtor may communicate about the demand “.