Rule 6.11 Proof of service of statutory demandI1
England and Wales
Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit F1or affidavits proving service of the demand.
F2Every affidavit must have exhibited to it a copy of the demand as served.
[FORM 6.11] Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service.
If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit.
[FORM 6.12] If neither paragraph (3) nor paragraph (4) applies, the affidavit F3or affidavits must be made by a person F4or persons having direct personal knowledge of the means adopted for serving the statutory demand, and must—
give particulars of the steps which have been taken with a view to serving the demand F5personally, and
state the means whereby (those steps having been ineffective) it was sought to bring the demand to the debtor's attention, and
specify a date by which, to the best of the knowledge, information and belief of the person making the affidavit, the demand will have come to the debtor's attention.
The steps of which particulars are given for the purposes of paragraph (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition.
If the affidavit specifies a date for the purposes of compliance with paragraph (5)(c), then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor.
Where the creditor has taken advantage of Rule 6.3(3) (newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit—
the means of the creditor's knowledge or (as the case may be) belief required for the purposes of that Rule, and
the date or dates on which, and the newspaper in which, the statutory demand was advertised under that Rule;
and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand.
The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2).
Annotations
Textual amendments
- F1
Words in rule 6.11(1) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 94(1)
- F2
Words in rule 6.11(2) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 94(2)
- F3
Words in rule 6.11(5) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 94(3)(a)
- F4
Words in rule 6.11(5) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 94(3)(b)
- F5
Word in rule 6.11(5)(a) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 94(3)(c)