Q&As

Where a claimant issues a statutory demand to enforce a judgment debt after 28 days, can the debtor/defendant (individual) apply to set aside the statutory demand or apply to the court to vary the payment terms of the judgment debt after the statutory demand has been served?

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Published by a LexisNexis Dispute Resolution expert
Published on: 13 September 2017
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For the purposes of this Q&A we have limited our research to cover the situation in which the defendant participated in the proceedings.

Setting aside

An application to Set aside a statutory demand can be made under Rule 10.4 of the In (IR 2016), SI 2016/1024.

The grounds for setting aside a statutory demand are provided in IR 2016, SI 2016/1024, r 10.5(5). They are:

  1. •

    the debtor has a counterclaim, set-off or cross-demand in an amount which equals or exceeds the debt

  2. •

    the debt is disputed on substantial grounds

  3. •

    the creditor is a secured creditor who has not waived their security, or

  4. •

    the

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Jurisdiction(s):
United Kingdom
Key definition:
Set aside definition
What does Set aside mean?

Cancelling a judgment or order or a step taken by a party in the proceedings.

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