Bluestone Mortgages Ltd v Stoute & Anor [2025] EWHC 755 (Ch) (31 March 2025)

Bluestone Mortgages Ltd v Stoute & Anor [2025] EWHC 755 (Ch) (31 March 2025)

Enforcement of a possession order or security relating to both moratorium and non-moratorium debt constitutes enforcement action 'regarding' or 'in respect of' a moratorium debt under regulation 7(7)(b) and (c), requiring court permission; the creditor cannot enforce without such permission even as to the non-moratorium portion.

Citation
[2025] EWHC 755 (Ch)
Parties
Appellant/claimant: Bluestone Mortgages Limited; Respondent/defendant: Emma Louise Stoute; Respondent/defendant: Andrew Michael Stoute; Third Party: Rethink Mental Illness (Mental Health and Money Advice MHMA)
Jurisdiction
England and Wales
Judgment Date
31 March 2025
Procedural Posture
Chancery Appeal / Appeal From County Court Final Order
Outcome
Appeal dismissed
Legal Topics
Debt Respite Scheme, Breathing Space Moratorium, Mental Health Crisis Moratorium, Mortgage Enforcement, Statutory Interpretation
Property Law Mental Health Law Debt Recovery Debt Respite Scheme Breathing Space Moratorium Mental Health Crisis Moratorium Mortgage Enforcement Statutory Interpretation

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Parties

Bluestone Mortgages Limited

Appellant/claimant

Emma Louise Stoute

Respondent/defendant

Andrew Michael Stoute

Respondent/defendant

Rethink Mental Illness (Mental Health and Money Advice MHMA)

Third Party

Procedural Posture

Chancery Appeal / Appeal From County Court Final Order

Legal Issues

  1. 1 Whether enforcement of a possession order relating to both moratorium and non-moratorium debt requires court permission under regulation 7 of the Debt Respite Scheme Regulations 2020/1311
  2. 2 Interpretation of 'regarding' and 'in respect of' in regulation 7(7)(b) and (c)

Ratio Decidendi

Enforcement of a possession order or security relating to both moratorium and non-moratorium debt constitutes enforcement action 'regarding' or 'in respect of' a moratorium debt under regulation 7(7)(b) and (c), requiring court permission; the creditor cannot enforce without such permission even as to the non-moratorium portion.

Court Disposition

Appeal dismissed

Orders

  • Appellant requires court permission to enforce possession order under regulation 7; no automatic right to enforce non-moratorium debt without oversight.