www.iva.co.uk

Was there any news on the Green Vs Wright test case that was due to be heard on 16th Nov? (this was the test court case relating to PPI refunds after an IVA has satisfactorily completed)

The decision was postponed to allow further consideration.

The decision may not be given until the New Year as there is a lot for the judges to consider. The fact that they did not reach a quick decision may mean that they feel there is merit in the appeal.

am I reading this right, the Chancery Division (the high court)? dismissed the appeal?
green v wright
Insolvency – Individual voluntary arrangement. The respondent former debtor's individual voluntary arrangement had been successfully completed and the appellant former supervisor had issued a completion certificate, under para 9(2) of the R3 Standard Conditions (version 2), before further funds had been received. The county court held that the funds should be paid to the respondent and the appellant appealed. The Chancery Division, in dismissing the appeal, held that para 9(2) of the Standard Conditions operated to release a debtor from all debts subject to the arrangement and meant that the arrangement had come to an end. Accordingly, the county court had reached the correct conclusion.

Yes ... the High courts dismissed the appeal and upheld the opinion of the County Court. However the appeal was taken to the Court of Appeal,which is higher, and this is the decision everyone is awaiting, so the matter is still pending appeal. Of course it could still go further, whilst we still have the European Courts to appeal to.

Hi foggy hope you're doing well? And that makes sense thanks

Hi Sponge. Yes all well here, thank you -I hope all is well with you also.

As you know, this case revolves around R3 terms and conditions. I would hope that, whatever the result, everyone follows the spirit of the judgement, rather than the letter, and apply it to arrangements under other Ts & Cs without the need to test it again.