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(Chancery Division, Vos J, 16 November 2011)
H entered into an IVA, which bound the local authority, Merton, as a creditor. As a result of post-IVA litigation, H became further indebted to Merton, which obtained charging orders over a property in H's name. P, who claimed a beneficial interest in that property, appealed against the imposition of the final charging orders, arguing that such proceedings were prevented by the moratorium on proceedings imposed by the IVA. Vos J dismissed the application. Whilst Merton was bound by the IVA as a creditor, the IVA did not cover future debts. The moratorium only applied in respect of debts bound into the IVA.
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