Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021