Julian Gun Cuninghame appears in the Court of Appeal.
In Forbes v Interbay Funding Limited; Forbes v Seculink Limited [2025] EWCA Civ 690, the Court of Appeal handed down judgment on 6 June 2025 in an important second tier appeal concerning the meaning of “arrears” under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. The Court of Appeal decided that the principal sum of secured debt, whether or not called in prior to the commencement of the moratorium, is non-eligible debt and not a qualifying debt nor a moratorium debt. Julian Gun Cuninghame represented Mr Forbes in the Interbay appeal on public access. The Court of Appeal refused permission to appeal to the Supreme Court, but stayed the possession order in Interbay pending an application for permission to appeal to the Supreme Court.
