Lisa Thomas wrote:Foggy - won't it depend on the outcome of Greene v Wright?
Hi Lisa --- That case
could have a bearing, yes. But ( and they are big buts) the current case could still drag on for some time. The original paperwork would need to be scrutinised for any assignment made, which would nullify Greene v. Wright anyway. And, the current case pertains to arrangements under R3 terms and conditions, so an IP using Protocol or any other non-R3 proposals could argue that it doesn't apply to them anyway!
I would hope that the legislature would go on, post Greene v. Wright, and apply the principle, using the
Spirit of the Law, rather than the
Letter of the Law --- but that could take another court case to decide. Bearing in mind that we are already seeing assigments insisted upon and other work arounds being built in, these decisions will only affect cases already completed so the will to go back to court might not be there. But I can see "non R3 IPs" simply ignoring the case and not many debtors will have the wherewithall to go to court themselves.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014