Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 NOVEMBER 2021

The Debt Respite Scheme, Interim Awards Of Costs And Debarring Orders

Gatehouse Chambers
Gatehouse Chambers
Contributor

Gatehouse Chambers

Gatehouse Chambers is a leading commercial set with expertise spanning commercial dispute...

View firm profile
Explore more from Gatehouse Chambers

The recent judgment in Axnoller v Brake starkly illustrates some of the strengths and limitations of the new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020...

United KingdomLitigation, Mediation & Arbitration
Simon Kerry
Simon Kerry

The recent judgment in Axnoller v Brake starkly illustrates some of the strengths and limitations of the new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020  (the Debt Respite Scheme Regulations). It is also a timely reminder to parties with unsatisfied interim costs orders in their favour of the potential power of debarring orders.

Background

The judgment comes in the context of an ongoing pitched battle between Mr and Mrs Brake on the one hand, and Dr. Geoffrey Guy, Axnoller Events Limited (AEL) and Chedington Court Estate Limited (Chedington) on the other. The heart of the dispute between the parties is the ownership and occupation of Axnoller Farm; specifically, Axnoller House (a large residential property rented out for weddings and so on) and West Axnoller Cottage (a smaller residential property on the same site).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors
Article

Harvey V Heaver [2026] EWHC 1671 (KB), 3 July 2026

A High Court judgment clarifies the scope of the implied covenant of fitness for human habitation under the Homes (Fitness for Human Habitation) Act 2018, confirming that older case law remains authoritative and that a single defect can render an entire dwelling unfit. The decision provides crucial guidance on when landlords must remedy damp, mould, and structural defects, and significantly limits the availability of 'tenant lifestyle' defences.
United KingdomReal Estate and Construction
Gatehouse Chambers
Gatehouse Chambers
Article

Right Question, Wrong Forum: Clients Chasing Secret ATE Commissions Must Seek An Account

The Court of Appeal's decision in Turner v Coupland clarifies the scope of solicitor-client assessments under the Solicitors Act 1974, determining that disputes over after-the-event insurance commissions cannot be resolved through these proceedings. While solicitors successfully argued that ATE premium commission questions fall outside assessment jurisdiction, the court emphasized their fiduciary duty to disclose such information when asked...
United KingdomLitigation, Mediation & Arbitration
Gatehouse Chambers
Gatehouse Chambers
Article

AI Hallucinations And Professional Liability: Further Lessons, This Time From UK V Secretary Of State For The Home Department [2026] UKUT 81 (IAC)

The Upper Tribunal's recent decision in UK v Secretary of State for the Home Department examines two cases where legal practitioners submitted AI-generated hallucinated authorities in immigration proceedings. The judgment establishes critical standards for professional supervision, verification procedures, and confidentiality obligations when using artificial intelligence tools in legal practice.
United KingdomLitigation, Mediation & Arbitration
Gatehouse Chambers
Gatehouse Chambers