Amendments to Rule 6.4
304.—(1) Rule 6.4 (application to set aside statutory demand) is amended as follows.
(2) For paragraph (2) substitute—
“(2) Subject to paragraph (2A), an application to the court under this Rule must be made to the court to which the debtor would in accordance with Rule 6.40A present the petition for the debtor’s bankruptcy.
(2A) A debtor may make an application to the High Court where the High Court is not the court to which the debtor would in accordance with Rule 6.40A present the petition for the debtor’s bankruptcy if—
(a)the creditor issuing the statutory demand is a Minister of the Crown or a Government Department;
(b)the debt in respect of which the statutory demand is made, or a part of it equal to or exceeding the bankruptcy level (within the meaning of section 267), is the subject of a judgment or order of any court; and
(c)the statutory demand—
(i)specifies the date of the judgment or order and the court in which it was obtained; and
(ii)indicates the creditor’s intention to present a bankruptcy petition against the debtor in the High Court.”.
(3) In paragraph (4)—
(a)for “an affidavit” substitute “ a witness statement”; and
(b)omit “The affidavit shall have exhibited to it a copy of the statutory demand.”
(4) After paragraph (4) add—
“(5) The witness statement must have attached to it a copy of the statutory demand. ”