Jurisdiction(s):
United Kingdom

The monitor’s role in Part A1 moratoria under the Insolvency Act 1986 (England and Wales and Scotland): court officer duties, powers, termination and challenges

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

A moratorium under Part A1 of the Insolvency Act 1986 (IA 1986) is a debtor in possession procedure. Although directors continue to manage the company’s affairs, an insolvency practitioner, serving as the monitor, oversees the moratorium. For further reading on moratoria, see the following Practice Notes:

Moratorium—an introductory guide
Moratorium
Moratorium extension and termination

Officer of the court

The monitor appointed in a moratorium is an officer of the court. In that role, they must observe the Ex parte James duty to act with honesty and fairness.

In Lehman Brothers Australia Ltd (in liquidation), the Court of Appeal confirmed that the fairness test is objective, and that the principle from Ex p James is that the court will not permit its officers to behave in a way which, though lawful and consistent with enforceable rights, fails to meet the standards that right‑thinking people—or, put differently, society—would expect to govern the conduct of the court and its officers. See News Analysis: Ex parte James and challenges to officeholders’ conduct in relation to contractual arrangement and compromise agreements (Lehman...

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Web page updated on 22/05/2026

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