Q&As

How do you serve a statutory demand on a person with mental disability?

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Produced in partnership with Caroline Clark
Published on LexisPSL on 16/06/2016

The following Restructuring & Insolvency Q&A produced in partnership with Caroline Clark provides comprehensive and up to date legal information covering:

  • How do you serve a statutory demand on a person with mental disability?
  • Is it possible to serve the statutory demand on the deputy or attorney instead?

How do you serve a statutory demand on a person with mental disability?

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

Is it possible to serve the statutory demand on the deputy or attorney instead?

The impact that a debtor's mental disability may have on how a statutory demand is served on him will depend on both the nature of the mental disability and the qualifications of the person serving the statutory demand.

The case of Brister v The Official Reciever concerned a debtor suffering from dementia; the court was asked to annul a bankruptcy order on the basis that it would not have been made had the court known of the mental and physical condition of the debtor. For further information, see New Analysis: The need for care when dealing with vulnerable persons in bankruptcy.

Mental disability includes everything from someone with bipolar disorder who is taking medication and who is stable to someone with dementia who cannot remember their own name and who needs 24/7 care. The first stage is to find out more about the mental disability, how it affects the debtor, whether the debtor has granted a power of attorney or whether a

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