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Statutory Demand Deadline Calculator

Led by Diellza Nika Hyseni and Mentor Nika · Updated 22 October 2026

Work out the time limits on a statutory demand served in England and Wales, on a company or an individual: the 21 days to pay, the 18 days to apply to set it aside, the earliest day for a winding-up or bankruptcy petition, the four-month rule, the Gazette and hearing dates, and the court fee and deposit. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • IA 1986 and IR 2016
  • Companies and individuals
  • Bank holidays and court closures
  • Nothing leaves your browser

Enter what has happened so far. Every date that follows appears on the right, with the rule behind it.

The debtor
More than £750 (IA 1986 s.123(1)(a))
Serving the demand
The 21 days count from the day after
The winding-up petition
Deemed served on the second business day after (CPR 6.14, applied by IR 2016 Sch 4)

Your dates

Nothing yet

The dates build here as you answer: the 18 days to apply to set aside, the 21 days to pay, the earliest petition, the four months and the petition timetable.

Enter the date the demand was left at the company’s registered office.

A disputed debt: the Companies Court does not allow a winding-up petition to be used to decide a debt disputed in good faith on substantial grounds, though a dispute with no rational prospect of success does not count (Angel Group Ltd v British Gas Trading Ltd [2012] EWHC 2702 (Ch), para 22). The company can apply for an injunction restraining presentation or advertisement of a petition (IR 2016 r.7.3(1)(k)).

To present the winding-up petition£2,952

  • Court fee on the winding-up petitionFee 3.3, Civil Proceedings Fees Order 2008£352
  • Official receiver’s deposit (not a court fee)Insolvency Proceedings (Fees) Order 2016, art 2, definition of “deposit”, para (c)£2,600
About these fees (2 notes)
  • A company cannot apply to set a statutory demand aside; the demand must tell it that it may apply for an injunction restraining the creditor from presenting or advertising a winding-up petition (IR 2016 r.7.3(1)(k)).
  • The official receiver’s deposit is not a court fee: the petitioner pays it to the court with the petition, as security for the official receiver’s administration fee (Insolvency Proceedings (Fees) Order 2016, arts 2 and 4). If the petition is withdrawn or dismissed, it is repaid less £50; if an order is made, it is returned except so far as the assets do not cover that administration fee. The court fee and the deposit are the same in the High Court and the County Court.

Nothing you enter leaves your browser. Business days use the England and Wales bank holidays, with Scotland’s added for a company (IA 1986 s.251), and court closures follow Practice Direction 2A. It is a guide, not legal advice.

Is the unpaid debt a costs order or certificate? We do not act in insolvency. For claimant solicitor firms our law costs draftsmen draw the bill and negotiate the costs to settlement. The fee is fixed and agreed before any work begins.

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The rules are those in the Insolvency Act 1986 (sections 122, 123, 251 and 267 to 271), the Insolvency (England and Wales) Rules 2016 (Parts 7 and 10 and Schedules 4 and 5) and the Insolvency Practice Direction, with CPR 2.8, 6.14 and 6.26, checked on legislation.gov.uk and justice.gov.uk on 22 October 2026, and the England and Wales and Scotland bank holidays from GOV.UK. Fees are those in force from 13 July 2026. It covers a demand served in England and Wales on a registered company or an individual. It does not cover a demand served abroad, on an unregistered company or a partnership, or by a Minister or government department, or a company in a moratorium. It is a guide, not legal advice, and it does not say whether to serve a demand or present a petition.

Key points

  • DMD Costs’ statutory demand deadline calculator is a free online tool that works out, for a statutory demand served in England and Wales on a company or an individual, the last day to pay, the debtor’s 18 days to apply to set it aside, the earliest day for a winding-up or bankruptcy petition, the four-month rule, the dates around the petition hearing, and the court fee and deposit.
  • A company is deemed unable to pay its debts if a creditor owed a sum exceeding £750 leaves a statutory demand at its registered office and the company neglects for 3 weeks to pay, secure or compound for it (Insolvency Act 1986 s.123(1)(a)).
  • A creditor’s bankruptcy petition needs debts of £5,000 or more, the bankruptcy level (s.267(2)(a) and (4)). Where it rests on a statutory demand, at least 3 weeks must have elapsed since service and the demand must have been neither complied with nor set aside (s.268(1)(a)).
  • An individual has 18 days from service to apply to set the demand aside (Insolvency (England and Wales) Rules 2016 r.10.4(2)). Filing stops the time to comply running (r.10.4(5)), no petition can be presented while the application is outstanding (s.267(2)(d)), and there is no court fee. A company cannot apply to set a demand aside; it can apply for an injunction restraining a petition (r.7.3(1)(k)).
  • A statutory demand has no expiry date, but if more than four months pass between service and the petition, the delay must be explained: in the petition for bankruptcy (r.10.7(2)), in a witness statement for winding up (r.7.6(6)).
  • A winding-up petition must be gazetted not less than seven business days after service on the company and not less than seven business days before the hearing (r.7.10(4)(b)). A bankruptcy petition may not be heard until at least 14 days after it was served (r.10.21(1)).
  • Presenting a petition costs a court fee of £352 plus the official receiver’s deposit, which is not a court fee: £2,600 on a winding-up petition and £1,500 on a bankruptcy petition.

How to use the statutory demand calculator

  1. Choose the debtor. A company (the route to a winding-up petition) or an individual (bankruptcy), and the sum demanded if you want it checked against the thresholds.
  2. Enter how and when the demand was served. For a company, the day it was left at the registered office; for an individual, the day it was handed over, acknowledged, or the date in the certificate of service.
  3. Add any application to set it aside. For an individual: when it was filed and how it was decided, which stops and restarts the 21 days.
  4. Add the petition dates as they happen. When it was presented and served, and the hearing date the court fixed.
  5. Read the dates and the fees. Each date shows the rule behind it and any reading the calculator has taken, with the court fee and the deposit to present the petition.
  6. Copy them for the file. Copy the dates, fees and notes for the file or the diary.

A demand on a company and on an individual

A companyAn individual
Minimum debtA sum exceeding £750 then due (s.123(1)(a))£5,000 or more, alone or together, for a petition (s.267(2)(a) and (4))
Serving the demandLeaving it at the registered office (s.123(1)(a))Personally if practicable; otherwise all that is reasonable to bring it to the debtor’s attention (r.10.2)
Time to pay, secure or compound3 weeks; the demand says 21 days (s.123(1)(a); r.7.3(1)(h))3 weeks; the demand says 21 days (s.268(1)(a); r.10.1(1)(n))
Challenging the demandNo set-aside procedure; an injunction restraining a petition (r.7.3(1)(k))Apply to set it aside within 18 days of service, with no court fee (r.10.4(2))
A petition before the 3 weeks endNot on the demandAn expedited petition with a statement under s.270; no order until 3 weeks have elapsed (s.271(2))
More than four months to the petitionA witness statement explains the delay (r.7.6(6))The petition explains the delay (r.10.7(2))
Court fee and deposit£352 (fee 3.3) and a £2,600 deposit£352 (fee 3.1(b)) and a £1,500 deposit

Statutory demand on a company

A company is deemed unable to pay its debts if a creditor to whom it owes a sum exceeding £750 then due serves a written demand in the prescribed form by leaving it at the company’s registered office, and the company has for 3 weeks afterwards neglected to pay the sum or to secure or compound for it to the creditor’s reasonable satisfaction (IA 1986 s.123(1)(a)). That is a ground for winding up by the court (s.122(1)(f)). The demand must contain what IR 2016 r.7.3 lists, including a statement that the company must pay within 21 days of service. Schedule 4 to the Rules refers back to the Act for how this demand is served, so the calculator counts from the day it was left.

A company cannot apply to set a statutory demand aside. The demand must tell it that it may apply for an injunction restraining the creditor from presenting or advertising a winding-up petition (r.7.3(1)(k)). A statutory demand is also not the only route: a company can be shown to be unable to pay its debts as they fall due in other ways (s.123(1)(e)).

Statutory demand on an individual

The creditor must do all that is reasonable to bring the demand to the debtor’s attention and, if practicable, serve it personally (IR 2016 r.10.2). Served other than personally, with no written acknowledgment, it is deemed served on the date the certificate of service gives as the date by which it will have come to the debtor’s attention, unless the court decides otherwise (r.10.3(5) and (6)). The debtor appears unable to pay once at least 3 weeks have elapsed since service and the demand has been neither complied with nor set aside (IA 1986 s.268(1)(a)), and a petition needs debts of at least £5,000 (s.267(2)(a) and (4)).

The debtor may apply to set the demand aside within 18 days from the date of service (r.10.4(2)), to the court or hearing centre r.10.4(4) requires: normally the debtor’s own hearing centre (r.10.48), which the demand should name. Filing the application stops the time for complying with the demand, subject to any order of the court (r.10.4(5)), and no petition can be presented while it is outstanding (s.267(2)(d)). If the court dismisses it without a hearing, time runs again from the dismissal (r.10.5(2)); if it dismisses it at a hearing, its order authorises a petition as soon as reasonably practicable or from a date it specifies (r.10.5(8)). The court may set the demand aside for a counterclaim, set-off or cross demand equal to or more than the debt, a debt disputed on substantial grounds, security the creditor has not properly valued, or on other grounds (r.10.5(5)).

A creditor may present an expedited petition before the 3 weeks end if there is a serious possibility that the debtor’s property, or its value, will be significantly diminished during that period, and the petition says so (s.270); no bankruptcy order can then be made until at least 3 weeks have elapsed since service of the demand (s.271(2)).

Statutory demands and disputed debts

The rules treat a genuinely disputed debt differently from one that is simply unpaid. On a demand served on an individual, the court may set it aside where the debt is disputed on grounds which appear to it to be substantial (r.10.5(5)(b)). On a company, the Companies Court does not allow a winding-up petition to be used to decide a debt disputed in good faith on substantial grounds, though a dispute with no rational prospect of success does not count, and the court will look at the evidence in detail (Angel Group Ltd v British Gas Trading Ltd [2012] EWHC 2702 (Ch), para 22, summarising the earlier authorities). Where the debt rests on a judgment, order or costs certificate, the court will not inquire into its validity on an individual’s application to set the demand aside (Insolvency Practice Direction para 11.4.4).

How long is a statutory demand valid for?

Neither the Act nor the Rules give a statutory demand an expiry date. But if more than four months have elapsed between service of the demand and presentation of the petition, the petition must explain the reasons for the delay on a bankruptcy petition (r.10.7(2)), and a witness statement must explain them on a winding-up petition (r.7.6(6)). Months are counted under Schedule 5 para 2: the period ends on the day before the corresponding date, or on the last day of the month where there is none. The calculator takes the four months as beginning on the day of service, which gives the earlier date.

The winding-up petition timetable

StepTimeIR 2016 rule
Serve the petition at the registered officeHand it to a director, other officer, employee or person authorised to accept service there, or else deposit it at or about the office7.9(2); Sch 4 para 2
Copies to any liquidator, administrator, receiver or CVA supervisorWithin 3 business days after the day of service7.9(5)
Gazette notice of the petitionNot less than 7 business days after service, and not less than 7 business days before the hearing7.10(4)(b)
Certificate of compliance, with a copy of the noticeAt least 5 business days before the hearing7.12(1)
Company’s witness statement in oppositionNot later than 5 business days before the hearing7.16
Notice of intention to appearTo reach the petitioner by 4pm on the business day before the hearing7.14(6)
List of appearancesHanded to the court on the day, before the hearing starts7.15(3)

The court fixes the venue for the hearing and endorses it on the petition (r.7.7(4)). A petition is treated as presented only when the court fee and the deposit are paid (IPD paras 9.3.1 and 9.3.2), and the court may dismiss it if notice is not given in accordance with r.7.10 (r.7.10(5)).

The bankruptcy petition timetable

StepTimeIR 2016 rule
Serve the petitionPersonally, unless the court orders another way10.14; Sch 4
Earliest hearingAt least 14 days after service, unless the debtor has absconded, consents, or the court expedites it10.21
Debtor’s notice of oppositionNot less than 5 business days before the hearing10.18
Notice of intention to appearTo reach the petitioner by 4pm on the business day before the hearing10.19(5)
List of appearancesHanded to the court on the day, before the hearing starts10.20(3)

The petition states the date and manner of service of the demand and that, to the best of the creditor’s knowledge and belief, the demand has been neither complied with nor set aside and no application to set it aside is outstanding (r.10.9(2)); a certificate of service of the demand is filed with it (r.10.3(1)). The court fixes the venue for the hearing (r.10.12(6)), and the petition may not be heard until at least 14 days have elapsed since service on the debtor (r.10.21(1)).

Counting the days

Periods in days are clear days, under CPR 2.8 as applied by IR 2016 Schedule 5 para 1 (without CPR 2.8(4)): neither the day the period runs from nor the day of the event it is measured to is counted. Where the last day for a filing falls when the court office is closed, filing on the next day it is open is in time (CPR 2.8(5)), but that does not move the time for paying the debt. The Act counts the time to comply in weeks; the calculator reads 3 weeks as 21 days from the day after service, so the debtor has the whole of the 21st day and a petition can follow on the next.

A business day for bankruptcy excludes England and Wales bank holidays (IR 2016 r.1.2); for a company it excludes a bank holiday in any part of Great Britain (IA 1986 s.251), so Scottish bank holidays such as 2 January, the first Monday in August and St Andrew’s Day are not counted, though the courts in England and Wales are open. Schedule 4 applies CPR Part 6 to service, treating a bankruptcy demand as a document other than a claim form (CPR 6.26) and a petition as a claim form (CPR 6.14, deemed served on the second business day after the step). Where those deeming rules give a later date than the day of the step, the calculator uses the cautious date for each side and says which on each date.

Court fee and the official receiver’s deposit

Presenting a creditor’s winding-up petition costs a court fee of £352 (fee 3.3) and a bankruptcy petition £352 (fee 3.1(b)), from 13 July 2026. The petitioner also pays the official receiver’s deposit with the petition, which is not a court fee: £2,600 on a winding-up petition and £1,500 on a bankruptcy petition (Insolvency Proceedings (Fees) Order 2016, art 2). No court fee is payable on an application to set aside a statutory demand (Civil Proceedings Fees Order 2008, Sch 1, under fee 3). The civil court fees calculator lists the other insolvency fees.

Unpaid costs and statutory demands

A party must pay costs within 14 days of the judgment or order that states their amount, or of the certificate that fixes them after detailed assessment, unless the court specifies another date (CPR 44.7(1)); the detailed assessment deadline calculator gives that date, and the interest on costs calculator the interest that runs on them. A statutory demand for the costs should not be served until that date has passed: until then they are not payable immediately (IA 1986 s.268(1)) or then due (s.123(1)(a)). Where a statutory demand on an individual rests on a costs certificate, the court will not inquire into the certificate’s validity on the debtor’s application to set the demand aside (IPD para 11.4.4).

Sources

Frequently asked questions

Yes. It is completely free, with no sign-up, no paywall and no limit. It runs in your browser, and nothing you type is sent to DMD Costs. It is a guide to the rules, not legal advice, and it does not say whether to serve a demand or present a petition.
Neither the Insolvency Act 1986 nor the Insolvency Rules 2016 give a statutory demand an expiry date. But if more than four months have elapsed between service of the demand and presentation of the petition, the reasons for the delay must be explained: in the bankruptcy petition itself (r.10.7(2)), or in a witness statement for a winding-up petition (r.7.6(6)).
The debtor has 3 weeks from service to pay, secure or compound the debt, which the demand states as 21 days (IA 1986 ss.123(1)(a) and 268(1)(a); IR 2016 rr.7.3(1)(h) and 10.1(1)(n)). An individual also has 18 days from service to apply to the court to set the demand aside (r.10.4(2)). The calculator counts both from the day after service.
An individual must apply within 18 days from the date of service (IR 2016 r.10.4(2)), to the court or hearing centre r.10.4(4) requires: normally the debtor’s own hearing centre (r.10.48), which the demand should name (r.10.1(1)(l)). Where the last day falls when the court office is closed, filing on the next day it is open is in time (CPR 2.8(5), applied by IR 2016 Sch 5). After 18 days, the debtor must also apply to extend time (IPD para 11.4.2). There is no court fee for the application.
No. The set-aside procedure in rules 10.4 and 10.5 is for individuals. A demand on a company must tell it that it may apply to the court for an injunction restraining the creditor from presenting or advertising a winding-up petition (IR 2016 r.7.3(1)(k)).
For a company, the demand founds a deemed inability to pay only where the sum then due exceeds £750 (IA 1986 s.123(1)(a)). For an individual, a creditor’s bankruptcy petition needs the debt, or the debts together, to equal or exceed the bankruptcy level of £5,000 when the petition is presented (s.267(2)(a) and (4)).
Once 3 weeks have elapsed since service without the debt being paid, secured or compounded: the calculator gives the day after the 21st day. For an individual the demand must also not have been set aside, and no application to set it aside can be outstanding (s.267(2)(d)). An expedited bankruptcy petition can be presented earlier where there is a serious possibility that the debtor’s property, or its value, will be significantly diminished during the 3 weeks and the petition says so, but no order can be made until the 3 weeks have passed (ss.270 and 271(2)).
Unless the court directs otherwise, notice of the petition must be gazetted not less than seven business days after the petition is served on the company and not less than seven business days before the hearing (IR 2016 r.7.10(4)(b)). Business days for a company exclude bank holidays anywhere in Great Britain, including Scotland’s (IA 1986 s.251). A certificate of compliance follows at least five business days before the hearing (r.7.12).
The rules give the answer for each side. On an individual, the court may set the demand aside where the debt is disputed on grounds which appear to it to be substantial (IR 2016 r.10.5(5)(b)). On a company, the Companies Court does not allow a winding-up petition to be used to decide a debt disputed in good faith on substantial grounds (Angel Group Ltd v British Gas Trading Ltd [2012] EWHC 2702 (Ch), para 22).
Yes, once the amount is fixed and the time for paying it has passed. Costs must be paid within 14 days of the judgment or order that states their amount, or of the certificate after detailed assessment, unless the court specifies another date (CPR 44.7(1)). Until then the debt is not payable immediately (IA 1986 s.268(1)) or then due (s.123(1)(a)), so the demand should be served after that date. On an individual’s application to set such a demand aside, the court will not at that stage inquire into the validity of a debt based on a judgment, order or costs certificate (Insolvency Practice Direction para 11.4.4). For bankruptcy the debt must be for a liquidated sum (s.267(2)(b)), and the usual thresholds and time limits apply.

Costs are all we do

DMD Costs does not act in insolvency proceedings. We work for claimant solicitor firms on costs: we draft the bill, answer the Points of Dispute and negotiate the costs to settlement. The fee is fixed and agreed before any work begins.