Kayes v Lees (31 March 2023)

The King’s Bench Division ruled that a creditor did not have a legitimate right to proceed with enforcement of a judgment without having to face the risk that the debtor would seek, and might be granted, a moratorium because such an order would seek to constrain the rights of the debtor, as given to him or her by Parliament under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311 (the Regulations), in a way that was not permitted by the Regulations. Accordingly, the court dismissed the applicant creditor’s application to extend the period of an injunction granted to restrain the respondent debtor from making an application to a debt advisor for a mental health crisis moratorium…