Statutory demands remain one of the most powerful pre‑insolvency tools available to creditors, yet their use in 2026 requires careful navigation of evolving legislation, procedural expectations, and recent case law.

This session provides a comprehensive review of the statutory demand process under the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016, including the key stages, service requirements, time limits, and the threshold tests for both individual and corporate debtors.

We will examine recent judicial developments and policy shifts shaping creditor enforcement, including the wider regulatory context highlighted in the Insolvency Service’s 2025–26 Annual Plan and the implications of recent restructuring and insolvency decisions.

Top 3 takeaways from the webinar:

A statutory demand is not just a formality — it is a powerful insolvency trigger. Serving one correctly can establish a debtor’s inability to pay under the Insolvency Act 1986, but any defect, dispute, or misuse can lead to the demand being set aside and may expose the creditor to costs or allegations of abuse of process.
Recent case law continues to narrow the circumstances in which statutory demands can be used tactically. Courts are increasingly scrutinising whether a genuine dispute or substantial cross‑claim exists, and recent judgments emphasise that statutory demands must not be used as a debt‑collection shortcut where liability is not clear and undisputed.
Procedural precision remains critical: service, time limits, and evidential clarity determine enforceability.

Who this is for:

Designed for solicitors, in‑house counsel, and insolvency professionals, the webinar clarifies when a statutory demand is appropriate, how to avoid common procedural pitfalls, and how recent reforms may affect creditor strategy.

Attendees will gain a clear understanding of the current legal landscape, the risks of misuse (including potential abuse‑of‑process findings), and the practical considerations that should inform decision‑making.

With insolvency activity expected to remain high, this session offers timely guidance for practitioners seeking to deploy statutory demands effectively and defensibly.

Level of expertise:

All Levels – this can be picked up throughout anyone’s professional career regardless of experience

CPD hours:

This webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

Understand the legal framework governing statutory demands, including the Insolvency Act 1986, the Insolvency (England and Wales) Rules 2016, and how recent case law has shaped current practice.
Identify the key procedural steps and time limits involved in issuing, serving, and responding to statutory demands, with emphasis on accuracy, evidential requirements, and common practitioner pitfalls.
Analyse recent developments and policy changes affecting the use of statutory demands, including notable judgments, updated Insolvency Service guidance, and shifts in creditor‑debtor enforcement trends.
Evaluate when a statutory demand is an appropriate enforcement tool, distinguishing between legitimate use, tactical misuse, and scenarios where the court may consider the process an abuse.
Apply relevant legal terminology and concepts—such as “genuine dispute”, “cross‑claim”, “inability to pay”, and “set‑aside”—to real‑world scenarios encountered in practice.
Strengthen strategic decision‑making by understanding the risks, benefits, and practical implications for creditors and debtors, enabling delegates to advise clients confidently and compliantly.