Applications to set aside a statutory demand: is it possible to raise the same rejected argument in relation to a second identical statutory demand? Consideration of Harvey v Dunbar Assets plc

CRI_2016_V09_Iss1_Feb_cover_lowIn this article, Beverley Lambert a consultant lawyer at Scott-Moncrieff & Associates Ltd looks at the case of Harvey v Dunbar Assets plc [2015] EWHC 3355 (Ch).

The key points arising from the article include:

  • –In the case of Harvey v Dunbar Assets plc [2015] EWHC 3355 (Ch), the court considered whether a previous argument that had been raised on appeal, but subsequently dropped,could be raised again at a hearing to set aside a second identical statutory demand.
  • ––A statutory demand is a formal demand for payment of monies pursuant to s 268(1)(a) of the Insolvency Act 1986.
  • ––A bankruptcy petition may be presented following expiry of a statutory demand as long as there is no outstanding application to set aside the statutory demand.
  • ––Rule 6.4 of the Insolvency Rules 1986 (‘the Rules’) allows an individual to make application to set aside a statutory demand.
  • ––A court may set aside a statutory demand pursuant to r 6.5(4) of the Rules that the debt is ‘disputed on grounds which appear to the court to be substantial’.

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