May v Ulster Bank Ltd [2021] NICh 11 (02 July 2021)

May v Ulster Bank Ltd [2021] NICh 11 (02 July 2021)

The statutory demand failed to comply with mandatory statutory requirements by not providing a breakdown of the debt, including principal and interest, and failing to notify the respondent of the interest calculation. This non-compliance entitled the respondent to have the statutory demand set aside under Rule 6.005(4)(d) of the Insolvency Rules (NI) 1991.

Citation
[2021] NICh 11
Parties
Applicant/respondent: Michael May; Respondent/appellant: Ulster Bank Limited
Jurisdiction
Northern Ireland
Judgment Date
02 July 2021
Procedural Posture
Appeal (bankruptcy) / Judgment on Appeal From Master's Order Setting Aside Statutory Demand
Outcome
Appeal dismissed; Order of the Master affirmed.
Legal Topics
Statutory Demand Requirements, Limitation of Actions, Abuse of Process, True Creditor Status
Bankruptcy Insolvency Banking Law Statutory Demand Requirements Limitation of Actions Abuse of Process True Creditor Status

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Parties

Michael May

Applicant/respondent

Ulster Bank Limited

Respondent/appellant

Procedural Posture

Appeal (bankruptcy) / Judgment on Appeal From Master's Order Setting Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand complied with statutory requirements
  2. 2 Whether the debt was statute barred
  3. 3 Whether service of the statutory demand was an abuse of process

Ratio Decidendi

The statutory demand failed to comply with mandatory statutory requirements by not providing a breakdown of the debt, including principal and interest, and failing to notify the respondent of the interest calculation. This non-compliance entitled the respondent to have the statutory demand set aside under Rule 6.005(4)(d) of the Insolvency Rules (NI) 1991.

Court Disposition

Appeal dismissed; Order of the Master affirmed.

Orders

  • Statutory demand set aside under Rule 6.005(4)(d) of the Insolvency Rules (NI) 1991
  • Court to hear parties on the question of costs