Antonio and Andy are joined once more by Luke Oliver of Shelter's Specialist Debt Advice Service, to continue our discussion of the Debt Respite Scheme (a.k.a. breathing space) and the court decisions that have shaped it.

Topics of discussion include: the interaction between breathing space and bankruptcy proceedings, the inclusion of mortgage debts in breathing space, evidence requirements for mental health crisis breathing space and the big question - have the various court judgments for breathing space served to strengthen the scheme, or undermine it?

Corrections corner: About five minutes into the episode, we start discussing the case Yianni v Paliouras, incorrectly referring to it as an unpublished County Court judgment. It's actually a High Court judgment, and since we recorded the episode, a transcript is now available to subscribers of Lexis+. We apologise for the error.

Court cases cited in this episode:

• Bluestone Mortgages Ltd v Stoute [2024] (unpublished, County Court at Canterbury) - summary on Shelter Legal
• Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch)⁠
• ⁠Carter v Davies [2024] EWHC 1536 (Ch)
• IV Fund Limited SAC v Mountain [2021] EWHC 2870 (Ch)
• ⁠Kaye v Lees (2) [2023] EWHC 152 (KB)⁠
• ⁠Kaye v Lees (3) [2023] EWHC 758 (KB)⁠
• West One Loan v Salih [2022] (unpublished, Central London County Court) - ⁠summary on Shelter Legal
• Yianni v Paliouras [2024] EWHC 1301 (Ch) - summary on Shelter Legal

Other links:

• IMA Virtual Conference 2024
• Debt Respite Scheme regulations⁠
• ⁠Shelter Specialist Debt Advice Service⁠ - sign up for their ebulletin
• Join the IMA