Restructuring & Insolvency analysis: Barnaby Hope, barrister at Selborne Chambers, examines the Court of Appeal’s decision in Azuonye v Kent (in her capacity as trustee of the bankrupt estate of the appellant) that after a debtor was discharged from bankruptcy but later adjudged bankrupt for a second time, the debtor’s liability for future payments under an income payments order (IPO) made in the earlier bankruptcy was a provable debt in the later bankruptcy and so was not enforceable by the trustee in the earlier bankruptcy.

This Practice Note provides guidance on discharging a contractual debt. It explains how to establish when a debt is due for payment, what amounts to discharge, the effect of part payment of a debt (including discussion of the rule in Pinnel’s case, payment by instalments, compromise agreements and promissory estoppel), the role of third parties, how payments are appropriated to multiple debts, the defence of tender before claim and the effect of illegality on payment of a debt. For guidance on precisely what a claim in debt is, see Practice Note: Debt claims. For practical guidance on bringing debt claims, see: • Practice Note: Starting a contractual debt claim—a practical guide • Practice Note: Pleading debt claims—worked hypothetical examples • Starting a contractual debt claim—checklist • Responding to a contractual debt claim—checklist See also Precedents: • Letter of claim—contractual debt claim • Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims • Covering letter to accompany Reply Form in response to letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims • Particulars

There are a number of circumstances in which the liability of a guarantor which has guaranteed the obligations of one or more borrowers of a loan facility will be terminated, revoked, discharged, extinguished or reduced. The most straightforward scenarios in which the liability of a guarantor under a guarantee is terminated are where either: • the guaranteed obligation is performed by the principal and the guarantee is discharged, or • the guarantor performs its obligations under the guarantee This Practice Note looks at: • how a guarantee is terminated in such circumstances • the advantages of entering into a deed of release in those scenarios, and • the effect of insolvency clawback on the discharge of a guarantee through performance by the principal It is important to note that there are a number of other circumstances in which the liability of a guarantor will terminate. For example, the guarantee could terminate because: • the parties agree to release the guarantor—for more information, see Practice Note: Releasing guarantors by agreement between the parties

Conditions requiring further approval of details Planning conditions may be imposed on the grant of planning permission. This can include conditions requiring the approval of further matters. In England, Planning Practice Guidance (PPG) on the use of planning conditions stresses that local planning authorities (LPAs) should limit the use of conditions requiring the approval of further matters after full (as opposed to outline) planning permission has been granted, other than where it will clearly assist with the efficient and effective delivery of development. The PPG advises that where it is justified, LPAs should impose conditions requiring submission and approval of further details only in respect of aspects of the development that are not fully described in the application. See Practice Note: Planning conditions—key points for further information on conditions generally. Nevertheless, it is common for full planning permissions to impose conditions requiring further approval of details. To a certain extent this is viewed as favourable by developers, as it enables developers to leave some aspects of a development to be finalised after the principle of the development is established,

What are reserved matters? An outline planning permission provides a decision on the general principles of how a site can be developed. Outline planning permission is granted with the reservation of certain matters for subsequent approval by the local planning authority (LPA) or the Secretary of State, known as ‘reserved matters’. These are defined in article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (the 2015 DMPO) in England and the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (the 2012 DMPO) in Wales as any of access, appearance, landscaping, layout and scale, in respect of which details have not been given in the application for outline planning permission. The 2015 DMPO and the 2012 DMPO define the reserved matters as follows: • ‘access’—the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network • ‘appearance’—the aspects of a building or place within the development

A disciplinary situation is a situation where breaches of rules or codes of behaviour or discipline are corrected or punished. Equally, where an employer's expectations about the way in which a job is to be performed, or its minimum standards, are not met, that may also give rise to a disciplinary situation in respect of the poor or inadequate performance that arises. Disciplinary situations therefore include misconduct or poor performance.

Formal action against an employee.

The procedure by which an employer sets out the process for managing a disciplinary offence.

FORTHCOMING CHANGE: On 23 June 2026, the Department for Business and Trade (now the Department for Business, Innovation, Science and Trade) published the outcome to the consultation Make Work Pay: protection from detriments for taking industrial action. According to the response, the government will introduce regulations prohibiting all detriments imposed on workers for the sole or main purpose of penalising, preventing or deterring them from taking industrial action. The regulations also add claims under section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) to TULR(C)A 1992, Sch 2, enabling employment tribunals to adjust compensation awards by up to 25% where there has been an unreasonable failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. The draft Protection Against Detriment (Industrial Action) Regulations 2026 were published on 25 June 2026 and are set to come into force on 30 October 2026. For further information, see News Analysis: Government opts to prohibit all detriments for taking industrial action. This Practice Note will be updated in due course. FORTHCOMING

The right of a Trustee in Bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.

This [insert document name] has not been approved by an authorised person in accordance with section 21(2)(b) of the Financial Services and Markets Act 2000. Accordingly, it is being distributed in the United Kingdom to, and directed only at: (i) investment professionals as defined by Article 19(5) of the Financial Services

This [insert document name] has not been approved by an authorised person in accordance with section 21(2)(b) of the Financial Services and Markets Act 2000. Accordingly, it is being distributed to and directed only at: (i) persons outside of the United Kingdom pursuant to Article 12(1)(b) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO), (ii) investment