Bluestone Mortgages Limited v Emma Louise Stoute & Anor

Bluestone Mortgages Limited v Emma Louise Stoute & Anor

Where a judgment or security relates to both moratorium and non-moratorium debt, enforcement of the order or security requires court permission under regulation 7 of the Debt Respite Scheme Regulations, as enforcement action 'regarding' or 'in respect of' a moratorium debt includes mixed judgments and mixed security. The purposive interpretation of the Regulations supports this conclusion to protect debtors in mental health crisis.

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 (England))
Jurisdiction
England and Wales
Judgment Date
31 March 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Debt Respite Scheme, Breathing Space Moratorium, Mental Health Crisis Moratorium, Mortgage Enforcement, Statutory Interpretation
Civil Procedure Property Law Mental Health Law 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 (England))

Third Party

Procedural Posture

Appeal / Judgment

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 a moratorium debt' and 'in respect of a moratorium debt' in regulation 7(7)

Ratio Decidendi

Where a judgment or security relates to both moratorium and non-moratorium debt, enforcement of the order or security requires court permission under regulation 7 of the Debt Respite Scheme Regulations, as enforcement action 'regarding' or 'in respect of' a moratorium debt includes mixed judgments and mixed security. The purposive interpretation of the Regulations supports this conclusion to protect debtors in mental health crisis.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; enforcement of possession order requires court permission under regulation 7.
  • Any further appeal would be a second appeal requiring Court of Appeal permission.