Axnoller Events Ltd v Brake

Additional names

Brake v Chedington Court Estate Ltd

Subject Matter

PRACTICE — Appeal — Permission to appeal

[2021] EWHC 2343 (Ch), Ch D

DEBT — Enforcement — Moratorium — Mental health crisis moratorium initiated in respect of debtor — Moratorium preventing creditors taking enforcement action in relation to moratorium debt — Creditors applying to cancel moratorium on grounds moratorium “unfairly prejudicing” their interests and applying for unless order debarring debtor from participating in further proceedings without paying debt — Whether moratorium unfairly prejudicial — Whether moratorium debt including debts incurred after commencement of moratorium — Whether unless order form of enforcement action and therefore prohibited — Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311), regs 6, 7, 17, 19

[2021] EWHC 2308 (Ch); [2021] 1 WLR 6218; [2021] WLR(D) 455, Ch D

Commentary

Nearly Legal
Cancelling a debt moratorium – some issues Case comment

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