Statutory demand – setting aside a statutory demand under r.10.5(5)(a), (b) and/or (d) (Collatory Case) – 33 Bedford Row
‘In Doubtfire v Horrell [2026] EWHC 2173 (Ch) (‘Doubtfire’), Chief ICC Judge Briggs heard an application to set aside a statutory demand (‘SD’) served on an individual/(alleged) debtor (‘D’), by an alleged creditor (‘H’), on grounds under Insolvency (England and Wales) Rules 2016 (the ‘Rules’), r.10.5(5), that:
(a) ‘the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt specified in the statutory demand;’
(b) ‘the debt is disputed on grounds which appear to the court to be substantial;’
(d) ‘the court is satisfied, on other grounds, that the demand ought to be set aside.’
33 Bedford Row, 23rd August 2026
Source: www.33bedfordrow.co.uk

