MacFoy Void Chain

The chain begins at the top with the MHCM Certificate issued on 28 December 2024. Regulation 7(12) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 prohibits all enforcement action during the moratorium. Every court order made in violation of this prohibition is void ab initio. It is not merely voidable or irregular. It is a nullity. It never existed in law.

The MacFoy principle then operates as a cascade. Any order that depends on a void order is itself void. An unless order founded on a void transfer is void. A costs order enforcing a void unless order is void. A restraint order based on void 'totally without merit' findings is void. The entire chain collapses back to the root.

Red nodes are orders made during the MHCM moratorium in direct violation of Reg 7(12). Amber nodes are orders void for independent jurisdictional reasons (such as ultra vires transfer or lack of subject-matter jurisdiction). Orange nodes are derivative nullities. They are void solely because they rest on a prior void order.