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Kerry Bretherton KC wins the 1st case to consider eligibility for a breathing moratorium

21st February 2023

In Kaye v Lees [2023] EWHC 152 (KB) Kerry Bretherton KC (leading Philip Judd) succeeded in an application to cancel a breathing space moratorium in an application determined by HHJ Dight CBE sitting as a High Court Judge.

The application succeeded on the grounds of eligibility and unfair prejudice. Further, an injunction was granted preventing Ms Lees from making further applications. You can read the full judgment here.

This is an important case concerning the rights of creditors when a breathing space moratorium is sought.

Kerry has previously acted in other cases involving debt schemes including Sharples v Places for People; Godfrey v A2 Dominion Housing [2011] EWCA Civ 813; [2011] H.L.R. 45.


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