- The Insolvency Act moratorium
- Original news
- What was the background to the appeal?
- What were the legal issues the Court of Appeal had to decide?
- What were the main legal arguments put forward?
- What did the Court of Appeal decide, and why?
- To what extent is the judgment helpful in clarifying the law in this area?
- What practical lessons can those advising take away from this case?
Restructuring & Insolvency analysis: In the recent case of Cook v Mortgage Debenture Limited the Court of Appeal discussed the scope of moratorium provisions in Schedule B1 to the Insolvency Act 1986 (IA 1986). Sebastian Clegg, barrister at Deans Court Chambers, who represented the respondent in this appeal, considers the issues before the court and how this decision informs our understanding of the IA 1986 moratorium.
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