The Brake v Guy litigation has given rise to a number
of judgments of no particular interest to the outside world (but if
you think otherwise you can find them at [2021] EWHC 671 (Ch),
[2021] EWHC 949 (Ch) and [2021] EWHC 1282 (Ch)). The latest
judgment of HHJ Paul Matthews, Axnoller Events Ltd v Brake
& Anor (Costs) [2021] EWHC 1500 (Ch), is of interest,
however, as it considers the effect of the Debt Respite Scheme
(Breathing Space Moratorium and Mental Health Crisis
Moratorium)(England and Wales) Regulations 2020 made under the
Financial Guidance and Claims Act 2018.
The Regulations provide protection from creditors through two
types of moratorium: a breathing space moratorium of up to 60 days
and a mental health crisis breathing space moratorium, which lasts
as long as treatment continues plus 30 days. The effect of each is
to stop a creditor from taking action on a qualifying debt or
continuing such action (including enforcement) if the creditor has
already
