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PRECEDENTS
I, [name], of [address] do solemnly and sincerely declare that: 1 [I have been employed by [name of owner] (‘the Owner’) for [number] years. For the last [number] years I have held the position of [description]. I am fully familiar with the matters dealt with in this statutory declaration. OR I am [a partner in OR employed by] [name of firm] a firm of [chartered] surveyors who have since [date] been continuously retained by [name of owner] (‘the Owner’) to [manage and act as agent OR collect the rents and other income and pay the outgoings OR [other]] on behalf of the Owner in relation to the Property (as defined below). I have personally been involved in [carrying out AND/OR supervising]
PRECEDENTS
I, [name], of [address], do solemnly and sincerely declare that: 1 As the result of a transfer dated [date] made between (1) [name of seller] and (2) myself [and my [wife OR husband OR [other]] ], [I OR we] acquired the freehold land ('the Red Land') registered under title number [title number of declarant’s property] shown [edged OR coloured OR hatched] red on the plan (now produced and shown to me and marked ‘1') attached to this declaration ('the Plan'). The Red Land comprises the house and garden situated at [address or other description]. On the day of completion of the transfer, [I OR we OR entered into possession of the Red Land and have been in continuous possession of it ever since. Shortly after completion, [my OR our OR solicitors also applied for [me OR us] to be registered as proprietor[s] of the Red Land and that registration was completed on [date]. 2 At the time I OR we OR took possession of the Red Land, the hedges, walls and fences that bounded the occupied extent of it were
PRECEDENTS
I, [name], of [address], do solemnly and sincerely declare that: 1 As the result of a transfer dated [date] made between (1) [name of seller] and (2) myself [and my [wife OR husband OR [other]] ], [I OR we] acquired the freehold land ('the Red Land') registered under title number [title number of declarant’s property] shown [edged OR coloured OR hatched] red on the plan (now produced and shown to me and marked ‘1') attached to this declaration ('the Plan'). The Red Land comprises the house and garden situated at [address or other description]. On the day of completion of the transfer, [I OR we] entered into possession of the Red Land and have been in continuous possession of it ever since. Shortly after completion, [my OR our] solicitors also applied for [me OR us] to be registered as proprietor[s] of the Red Land and that registration was completed on [date]. 2 At the time [I OR we] took possession of the Red Land, there was a separate strip of land ('the Blue Land'), shown [edged OR
PRECEDENTS
I, [name of declarant], of [address] do solemnly and sincerely declare that— 1 [I have OR [name of tenant] has] a tenancy of premises at [address] for a term commencing on [date]. 2 [I OR The tenant] propose(s) to enter into an agreement with [name of landlord] to surrender the tenancy on a date or in circumstances specified in the agreement. 3 The landlord has served on [me OR the tenant] a notice in the form, or substantially in the form, set out in Schedule 3 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. The form of notice set out in that Schedule is reproduced below. 4 [I
CHECKLISTS
ARCHIVED: This archived Checklist is not being maintained. For information on offences which can be committed under the Investigatory Powers Act 2016, see: Offences under the Investigatory Powers Act 2016—checklist. On 27 June 2018, the offences relating to unlawful interception and disclosure of communications data under RIPA 2000, ss 1 and 19 were repealed and replaced by the offences of unlawful interception and making unauthorised disclosures under the sections 3 and 59 of the Investigatory Powers Act 2016 (IPA 2016). On 27 December 2018, under RIPA 2000, s 11 was repealed. For information on the background and scope of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. While offences under these provisions cannot now be committed, prosecutions may still be brought where the offence was committed before the date on which the offence was repealed (27 June 2016 for sections 1 and 19 offences, 27 December 2018 for section 11 offences). Where an unlawful interception or disclosure offence occurred before those dates, it may still be prosecuted under RIPA 2000 despite
GLOSSARY
A formal document demanding payment of a debt, the service of which is the most common precursor to the presentation of a bankruptcy petition.
NEWS
Restructuring & Insolvency analysis: This was an appeal from the district judge’s refusal to set aside a statutory demand under Insolvency (England and Wales) Rules 2016 (IR 2016), r 10.5(5)(b) and (d) on grounds that: the underlying debt had been compromised and therefore disputed on substantial grounds; and the bankruptcy proceedings were an abuse of process under the rule in Henderson v Henderson such that the court could be satisfied on other grounds that the demand should be set aside under IR 2016, r 10.5(5)(d)). The High Court upheld the district judge’s decision. The judge was entitled, on the evidence before him, to conclude that an oral settlement agreement between the parties had not included the loan which was the subject of the statutory demand. The judge was entitled to conclude that there was no Henderson v Henderson abuse of process; although the loan could have been raised in earlier proceedings, there was no reason to conclude that it should have been. Written by Cristín Toman, barrister at Enterprise Chambers.
GLOSSARY
A statutory demand form is the prescribed written demand by which a creditor requires payment of a debt as a precursor to insolvency or bankruptcy proceedings. In England and Wales and Northern Ireland, its format and content are largely set out in insolvency legislation and rules, and it is commonly used before presenting a bankruptcy petition against an individual or a winding‑up petition against a company. It sets out the amount of the debt, the basis on which it is owed, the time for compliance and the consequences of non‑payment, including the risk of bankruptcy or compulsory liquidation.In Ireland, similar formal demand documentation is used before issuing a creditor’s bankruptcy summons or a winding‑up petition, though the exact forms and procedural rules differ. In Scotland, the functional equivalent in personal insolvency is a formal demand such as a charge for payment, rather than a statutory demand in the English sense.Statutory demand forms are significant because failure to comply within the statutory period is strong evidence of a debtor’s inability to pay, often satisfying a key jurisdictional or evidential threshold for subsequent insolvency proceedings.
NEWS
Restructuring & Insolvency analysis: This case confirms that a restitutionary claim founded on an alleged total failure of consideration may, in principle, support a statutory demand and winding-up petition under the Insolvency Act 1986. However, the High Court restrained presentation of a petition because the alleged debt was genuinely disputed on substantial grounds, including whether contractual consideration extended beyond delivery of the final product and whether the agreement could properly be severed into distinct phases. The decision reinforces the court’s reluctance to permit insolvency procedures to determine complex contractual disputes and highlights the importance of assessing the wider commercial context before relying on statutory demands as a debt recovery mechanism. Produced in partnership with Philip Ridgway of Temple Tax Chambers.
PRACTICE NOTES
This Practice Note considers corporate and individual statutory demands from a property disputes perspective, including serving a statutory demand for arrears of rent or for failure to pay a liquidated debt, such as sums due under a notice to repair, and summarises the form, content and service of a statutory demand, the procedure for disputing debts and setting aside statutory demands or restraining the presentation of a winding up petition, and next steps after failure to settle the amounts demanded within 21 days, ie bankruptcy or winding up. What is a statutory demand? A statutory demand is a formal demand for payment of a debt which is served by a creditor on its debtor (it is not a court process and it does not need to be issued at court). It exists in both corporate and personal insolvency. The debt which is owing may be either payable now, or payable at some future date. Failure by the debtor to pay the debt, or satisfy or secure it to the creditor's satisfaction, or take the
NEWS
Restructuring & Insolvency analysis: The court upheld the decision of Chief ICC Judge Briggs, who had dismissed the applications by Mr Murfet and his mother (Mrs Murfet) to set aside statutory demands served on them by the respondent lenders. The case underscores the importance of the words used by parties in their contracts, and demonstrates that where borrowers agree to borrow funds that are said to be repayable ‘on demand’, that will often make it difficult for borrowers to argue further down the line that ‘on demand’ is to be read as importing a Braganza-type implied term. In that respect, the case confirms that UBS AG v Rose Capital Ventures Ltd is consistent with and applies in conjunction with the principle on summary judgment applications, that if the court is satisfied that the parties have had an adequate opportunity to address a point of interpretation in argument, it should ‘grasp the nettle’ and decide it. Written by Samuel Parsons, barrister at Erskine Chambers.
CHECKLISTS
A statutory demand is a formal written demand for payment of a debt. See Practice Note: What is a statutory demand?. • Do not ignore a statutory demand. It may result in your company being wound-up by the court or you being made bankrupt. • Can you genuinely dispute the sum—are the contract goods faulty, have the goods been delivered? Do you have a valid cross-claim