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The Commercial Court handed down judgement granting a declaration in favour of Shop Direct Finance Company.

The Commercial Court (Stephen Houseman QC sitting as a Deputy Judge) on 6 June handed down judgement granting a declaration in favour of Shop Direct Finance Company, to the effect that where the Official Receiver brings a payment protection insurance (PPI) claim acting as trustee in bankruptcy, it is the OR’s knowledge (actual or constructive) which is relevant for the purposes of the Dispute Resolution: Complaints Sourcebook (DISP) limitation rules, not the knowledge of the bankrupt.  The decision has potential industry-wide implications in relation to the large number of Complaints which the OR has sought to make in respect of PPI policies held by persons later made bankrupt. 

Javan Herberg QC acted for the claimant, Shop Direct.  The full judgment can be found here.

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