Index card Lees v Kaye

Lees v Kaye

Hearings

England & Wales

13 May 2022 [2022] EWHC 1151 (QB); [2022] 1 WLR 5121; [2022] WLR(D) 216, QBD (Judge Dight sitting as a High Court judge)

Subject Matter

DEBT — Enforcement — Moratorium — Mental health crisis moratorium initiated in respect of debtor — Creditor enforcing judgment debt by taking possession of debtor’s flat and selling lease — Whether moratorium properly registered and effective at relevant time — Whether judgment debt consisting of liability to pay damages in respect of “personal injury” so as to constitute non-eligible debt — Whether judgment debt exempt from effect of moratorium as being subject of charging order made before start of moratorium — Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311), regs 5(4)(i), 7, 31, 35

[2022] EWHC 1151 (QB); [2022] 1 WLR 5121; [2022] WLR(D) 216, QBD

Commentary

Nearly Legal
Unravelling – the effect of a debt moratorium on enforcement steps taken during it Case comment

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