Moratorium Chapter 6: contains provisions about challenges
A creditor, director, member of the company or any other person affected by the moratorium may apply to the court on the grounds that an act, omission or decision of the monitor during a moratorium has unfairly harmed the applicant. This could include a challenge that the monitor has not terminated the moratorium when they should have done on the grounds that the company is no longer rescuable (or on the grounds that rescue has been achieved). The court may confirm, reverse or modify an act or decision of the monitor; it may give the monitor directions; or it may make any other such order as the court sees fit, including bringing the moratorium to an end (although it may not order that the monitor pay compensation). Such an application may be made during the moratorium or after it has ended.
	Rules may be made to enable the administrator or liquidator of a company that has previously been subject to a moratorium to apply to court to challenge the monitor’s remuneration on the grounds that it was excessive. Agreement on the monitor’s remuneration would have been between the company and the monitor.
	During the moratorium, a creditor or member of the company may apply to the court on the grounds that the company’s affairs, business and property are being or have been managed in a way that has unfairly harmed the interests of its creditors or members generally or some in particular; or that any act or proposed act or omission causes or would cause such harm. The court may make any order it thinks fit, including bringing the moratorium to an end, regulating the management of the directors or requiring the directors to stop taking the action complained of.
	If a company has a moratorium in force and is an employer in respect of a pension scheme which is an eligible scheme under section 126 of the Pensions Act 2004 (or was an employer in respect of an eligible scheme at any time during a moratorium), the Board of the Pensions Protection Fund will have the same rights that the pensions trustees or managers have, as a creditor, to challenge through the court the actions of the monitor or the directors in specified circumstances where the interests of the trustees as a creditor are considered unfairly harmed by those actions.