Home/Legal Guides/Legal Guide

Urgent company insolvency defence • statutory demand • restraint

Challenging a Statutory Demand Against a Company

A company served with a statutory demand cannot use the individual set-aside procedure. If the debt is disputed or insolvency pressure is otherwise improper, the company may need urgent advice about payment, agreement, administration or an application to restrain the creditor from presenting a winding-up petition.

KEY ANSWER

The position in brief

GOV.UK states that a company has 21 days to respond to a statutory demand. The company can pay, agree terms or take an appropriate insolvency step.

A company does not apply to 'set aside' the demand in the same way as an individual. It can apply to court to restrain a creditor from presenting a winding-up petition, and GOV.UK says this should be done within the 21-day period.

Legal issues

The central questions are whether the debt is due, whether it is genuinely disputed on substantial grounds, whether there is a cross-claim or set-off, whether the demand is accurate and whether winding-up proceedings would be an abuse of insolvency process.

Urgency increases sharply if a petition is threatened or already presented because advertisement can have serious banking and trading consequences.

Evidence that matters

Preserve the statutory demand, service evidence, contract, invoices, statements, payment records, complaint or defect evidence, counterclaim material, correspondence and Companies House information.

Reasonable lines of enquiry

Identify the exact dispute and supporting documents, quantify any set-off or cross-claim, check whether the demand overstates the debt and determine whether the creditor has already taken petition steps.

Consider the company's solvency and whether a negotiated standstill or payment arrangement can resolve the immediate risk without court proceedings.

What happens next

The company should respond urgently. Where restraint is necessary, an application is made to the appropriate court. If a petition has already been presented, the strategy may shift to restraining advertisement, opposing the petition or seeking other urgent relief.

Immediate steps

Record the service date immediately. Do not ignore the demand. Stop casual correspondence that may create admissions and assemble the full dispute file before the 21-day period expires.

What should you send us?

Send the demand, service details, contract, invoices, statements, payment evidence, all dispute correspondence, company details and any petition or Gazette material.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can assess the demand and dispute, prepare the response, negotiate with the creditor and make or defend urgent court applications concerning threatened winding-up action.

NEXT STEP

Act before the 21-day period expires

Send the statutory demand and dispute documents now so we can assess restraint, negotiation and petition risk.

Act before the 21-day period expires

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can a company set aside a statutory demand?

Not through the individual set-aside procedure. GOV.UK states that a company can apply to restrain a creditor from applying to wind it up.

How long does a company have to respond?

21 days from receipt of the statutory demand.

What if the debt is genuinely disputed?

Insolvency proceedings are not intended to determine an ordinary substantial contractual dispute. The evidence and urgency should be reviewed immediately.