Abstract:
This article distils ten years of case law on debtor-in-possession moratoria jurisprudence, tracing the cases decided under the Companies Act (Cap 50, 2006 Rev Ed) regime through to the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) (“IRDA”). It argues that the core analytical framework articulated in cases under the Companies Act has migrated intact into practice under the IRDA. Yet, there appears to be a divergence in case law on how courts calibrate the threshold of particularisation. The article proposes standards to harmonise outcomes while preserving judicial discretion.