At Tennyson we welcome your interest in our barrister and mediator’s latest cases pages and about us. Here you will find references to cases undertaken by members of chambers recently in our practice areas which have been reported and to other recent reported cases of interest.
Please press on the case name to take you to the case report.
Posted: 5th June 2021
An updated Consumer IVA Protocol 2021 has been published by the UK Insolvency Service. The new protocol contains a set of general principles and the following annexures –
(1) Standard terms and conditions for use in protocol compliant IVAs (Annex 1).
(2) Legal and regulatory framework (Annex 2).
(3) Template letter for consumers (Annex 3).
(4) Template proposal and table of contributions (Annex 4).
(5) Flowchart to explain the process for potential equity release (Annex 5).
(6) Table of distributions (Annex 6).
(7) Comparison table between bankruptcy and IVA expected outcomes (Annex 7).
(8) Terms of Reference (Annex 8).
The protocol is a voluntary agreement which does not override the legal and regulatory framework applicable to insolvency practitioners, but does provide a standard framework for insolvency practitioners and creditors when dealing with consumer IVA’s. Please click here to read the press release on the Protocol by the UK Insolvency Service. Please click here to go to our pages on personal bankruptcy and IVA’s.
Posted: 1st June 2021
The UK government has published guidance to creditors for the Debt Respite Scheme (Breathing Space) which can be found here. The guidance came into force on 4th May 2021 and the breathing space is intended to assist debtors by giving legal protections from their creditors under The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.
There are two types of breathing space: a standard breathing space (available to anyone with a problem debt giving legal protection from creditor proceedings for up to 60 days) and a mental health crisis breathing space (only available to a person receiving mental health crises treatment and lasts as long as the treatment plus 30 days ( no matter how long the srises treatement last).
The protections include pausing most enforcement action and contact from creditors and freezing most interest and charges on a debtor’s debts.
Posted: 1st June 2021
The restriction on statutory demands and winding-up petitions to protect companies from creditor enforcement action due to debts related to coronavirus expires on 30th June 2021 and it remains to be seen whether the UK government will extend those restrictions beyond that date. A link to the UK government support page can be found here.
Posted: 1st May 2020
Under the current temporary practice direction supporting the insolvency practice direction a statutory declaration in support of a solvent winding up may be sworn using a video link i.e. virtually and the fact that it is sworn using a video link shall not by itself be regarded as causing substantial injustice to invalidate the relevant insolvency proceedings (see paragraph 9 of the temporary practice direction which is in force until 1st October 2020).
For the purpose of maintaining confidentiality names of clients of members of Tennyson Chambers are not published on this site except with the client’s express consent.
Visitors may be aware that certain cases cannot be published at all because they were cases heard in private or the client has not given their express consent.
As practitioners in insolvency and restructuring will already know hearings in bankruptcy are held in private. In addition, hearings before the Court of Protection are also held in private (save where the pilot is in operation) and no details of these cases are published on this site unless the relevant client has given their express consent.
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