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.
Let us help you with your statutory demand enquiry. At FWJ, we have all the statutory demand experience needed to help our clients. Fast, friendly and cost effective, we are the firm for you.
