The Business Law Reports
[2023] Bus LR 1425
Court of Appeal
Shop Direct Finance Co Ltd
v
Official Receiver
[2023] EWCA Civ 367
2023 March 8, 9;
April 5
April 5
Singh, Carr, Nugee LJJ
Financial services— Ombudsman scheme— Limitation— Claimant alleged to have mis-sold personal protection insurance to consumers— Official Receiver authorised to bring complaints on behalf of bankrupt consumers— Claimant entitled to reject complaint if brought more than three years after complainant became aware of cause for complaint— Whether right to complain “property” vesting in official receiver on appointment— Whether Official Receiver or bankrupt consumer “complainant”— Whether Official Receiver’s or bankrupt consumer’s awareness relevant for purposes of limitation provision—
Insolvency Act 1986 (c 45), s 436(1)
—
FCA Handbook, DISP 2.7.2R, 2.8.2R
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