How to serve a statutory demand?

It is important that there is evidence of service of a statutory demand. Schedule 4 of the Insolvency Rules 2016 sets out the requirements for service. A creditor must ‘do all that is reasonable to bring the statutory demand to the debtor’s attention and, if practicable in the particular circumstances, serve the demand personally’. That means instructing a process server to confirm personal service ideally. If that isn’t possible then the courts have allowed service by other means (including by Twitter and Facebook) but that is unusual. A statutory demand can be served on a company by leaving it at the company’s registered office, as confirmed at section 123 (1)(a) Insolvency Act 1986. In either example evidence of service is important. That can include proof of posting or an affidavit from a process server confirming service.