Michael Gibbon QC and Maxim Cardew acted for the Official Receiver in Shop Direct Finance Company Limited v The Official Receiver [2022] EWHC 1355 (Comm). The case concerned bulk PPI complaints made in respect of thousands of bankrupt consumers of whom the Official Receiver is the trustee in bankruptcy, and in particular whether it was the bankrupt’s or the Official Receiver’s “awareness” that was relevant to the time limit at DISP 2.8.2R(2)(b) of the FCA Handbook and whether the complaints were in fact time-barred.

In a decision that is likely to be of general public importance, both with regard to the interpretation of the FCA Handbook and from an insolvency perspective, the Commercial Court determined that it was the Official Receiver’s awareness (as trustee in bankruptcy) that was relevant to start time running. The Commercial Court rejected Shop Direct’s claim that the complaints were in fact time-barred.

Permission to appeal to the Court of Appeal has been granted by the Judge.