Debt news and case law

25 July, 2024

Insolvency Service reports record number of debt relief orders in England and Wales following removal of £90 administration fee in April 2024

Total of more than 4,000 DROs granted in June 2024 represents a 15 per cent increase on previous month's record high, and is more than double the long-term average

17 July, 2024

Bill enabling creation of mental health debt moratorium in Scotland receives Royal Assent

Bankruptcy and Diligence (Scotland) Act 2024 provides for introduction of mental health moratorium as part of Scotland's statutory debt moratorium scheme

16 July, 2024

More than 20 million people across the UK are living in financially vulnerable circumstances

New analysis published by Fair4All Finance highlights that key drivers of financial exclusion are becoming more visible in the everyday experiences of families and households

12 July, 2024

Civil Justice Council launches call for evidence on enforcement of debt judgments

Views sought on issues including whether additional safeguards needed for debtors in light of high number of default judgments

8 July, 2024

High Court rules that multiple claimants are due compensation for losses from mortgages and ‘sale and rent back’ agreements arranged by unauthorised mortgage brokers

Financial Conduct Authority v London Property Investments (UK) Ltd (t/a LPI Emergency Property Finance) & Ors [2024] EWHC 1276 (Ch)

8 July, 2024

Department for Communities launches consultation on changes to child maintenance enforcement and collection in Northern Ireland

Proposed new administrative liability orders will replace current court-based process, with the aim of reducing the time it takes for the Child Maintenance Service to initiate its strongest enforcement powers

5 July, 2024

Increase in prescribed amount of overall indebtedness when determining eligibility for a debt relief order in Northern Ireland

New statutory instrument

28 June, 2024

Amendments to the Protected Trust Deed process in Scotland

New statutory instrument

26 June, 2024

Cancellation of up to £1,500 of a student’s living costs loan liability in Wales in the academic year 2024 /2025

New statutory instrument maintains the Welsh Government's policy introduced in the 2010/2011 academic year

21 June, 2024

High Court rules that court had discretion to uphold bankruptcy order made in ignorance of moratorium

Carter v Davies & Ors [2024] EWHC 1536 (Ch)

21 June, 2024

Court of Appeal rules that a creditor can be ordered to pay damages in respect of breaches of statutory duty by an enforcement agent acting on its behalf

Burton v Ministry of Justice [2024] EWCA Civ 681

20 June, 2024

Total value of council tax arrears in England increased by almost 10 per cent in 2023/2024, reaching a new high of more than £6 billion

Money Advice Trust warns that sheer scale of debt highlighted in new DLUHC statistics underlines the need for urgent action

18 June, 2024

Bill introduced in Northern Ireland to provide for ‘administrative liability orders’ to speed up recovery of child maintenance arrears from parents who fail to pay

New legislation will reduce the current court-based application process, that takes around 22 weeks, to six weeks

7 June, 2024

Scottish Parliament passes Bill that enables creation of a mental health moratorium as part of Scotland’s statutory debt moratorium scheme

MSPs vote unanimously to pass Bankruptcy and Diligence (Scotland) Bill following Stage 3 debate in Holyrood yesterday

29 May, 2024

Consultation launched in Scotland on long-term reform of statutory debt solutions

Views sought from stakeholders on the overall effectiveness of existing bankruptcy provisions, protected trust deeds and debt arrangement scheme

20 May, 2024

Regulator highlights importance of telecoms providers making debt support information available to vulnerable customers

Ofcom says that while most of those who looked for information about debt support had looked to their telecoms provider, only about half recalled receiving help

17 May, 2024

Money Advice Trust welcomes government’s proposed Share Once Support Register that will ensure extra support is available from utility companies when vulnerable consumers need it

New register intended to improve experiences of vulnerable and disabled customers when disclosing their situation and needs to energy, water or telecommunications companies

10 May, 2024

Increase in prescribed amount of overall indebtedness and the value of a vehicle that can be disregarded for the purposes of making a debt relief order

New statutory instruments

16 April, 2024

High Court permits family to remain in former matrimonial home, despite bankrupt’s attempts to ‘sabotage’ outcome of Family Court proceedings

Reid-Roberts & Anor v Mei-Lin & Anor [2024] EWHC 759 (Ch)

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