There is no rule that only the original statutory demand can be served on a debtor. However, as a matter of good practice we would recommend that the original and not a copy is served wherever possible.
Francs Wilks & Jones we have access to our own process server who will pick the documents up from the office, this avoiding any potential issues of serving only a copy.
- it is unlikely that the court will deem service of a copy sufficient enough of a problem to throw the statutory demand out;
- there is provision under rule 12.64 of the Insolvency (England and Wales) Rules 2016 to deal with any possible procedural defect or irregularity.
- the courts have even allowed service by Twitter and Facebook in civil litigation – although not specifically in insolvency proceedings.
So our view is that the courts will not find an issue if only a copy of the statutory demand is served. It is doubtful in the extreme that the debtor will suffer any prejudice as a result.