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Further guidance on challenges to mental health crisis moratoriums (Guy v Brake)

Guy v Brake [2023] EWHC 1560 (Ch), concerns questions of disclosure and expert evidence required to assist the court when a mental health crisis moratorium is challenged by creditors on grounds of a material irregularity relating to a debtor’s eligibility.

The decision considers the relevant jurisdiction for disclosure and the balance with the debtor’s right to respect for private and family life under Article 8 of the European Convention on Human Rights (ECHR).

It also considers the nature of expert evidence which may assist the court, focusing on the need for the court to address the objective test of whether the debtor is suffering from a mental disorder of a serious nature, and whether the treatment for that disorder is of a ‘crisis’ nature.

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