Ivan Kaye v Amanda Lees

Ivan Kaye v Amanda Lees

Mr Kaye is subrogated to Santander’s rights as creditor, but this does not create an additional debt under regulation 15. The application for review or cancellation of the moratorium was made out of time and the court has no power to extend time under the 2020 Regulations. Permission to take enforcement action is refused as eviction would be detrimental to Ms Lees.

Parties
Applicant: Ivan Kaye; Respondent: Amanda Lees; Interested Party: Chelsea Dixon
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Civil / High Court Application Following County Court and High Court Judgments
Outcome
Application dismissed
Legal Topics
Debt Respite Scheme, Breathing Space Moratorium, Mental Health Crisis Moratorium, Subrogation, Unjust Enrichment, Enforcement of Judgments
Civil Procedure Mental Health Law Property Law Debt Respite Scheme Breathing Space Moratorium Mental Health Crisis Moratorium Subrogation Unjust Enrichment +1 more

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Parties

Ivan Kaye

Applicant

Amanda Lees

Respondent

Chelsea Dixon

Interested Party

Procedural Posture

Civil / High Court Application Following County Court and High Court Judgments

Legal Issues

  1. 1 Whether Mr Kaye is subrogated to Santander’s rights as creditor after paying off Ms Lees’ mortgage
  2. 2 Whether the subrogated debt constitutes an additional debt under regulation 15 of the 2020 Regulations
  3. 3 Whether Mr Kaye can apply for review or cancellation of the mental health crisis moratorium under regulations 17, 18, or 19

Ratio Decidendi

Mr Kaye is subrogated to Santander’s rights as creditor, but this does not create an additional debt under regulation 15. The application for review or cancellation of the moratorium was made out of time and the court has no power to extend time under the 2020 Regulations. Permission to take enforcement action is refused as eviction would be detrimental to Ms Lees.

Court Disposition

Application dismissed

Orders

  • Mr Kaye is subrogated to Santander’s rights as creditor.
  • The subrogated debt is not an additional debt for the purposes of regulation 15 of the 2020 Regulations.