Julian Gun Cunninghame was instructed by Will Jones of Jones & Co Retford on the appeal to the Court of Appeal.
Julian Gun Cuninghame has obtained permission to appeal to the Court of Appeal in a second-tier appeal against the decision of His Honour Judge Hellman in the County Court of Central London in Gregg and McMahon v Prospect Capital Ltd and Prospect Capital Security Trustees Ltd. The issue on this second tier appeal is whether a Part 36 offer made by borrowers soon after issuing a claim against a lender and a chargee and accepted by them before a defence and counterclaim had been filed and served was a claimant’s Part 36 offer in the claim (as contended on the appeal) or a defendant’s Part 36 offer in a putative counterclaim (as found by the District Judge and Circuit Judge). The Part 36 offer was to repay the capital sum of the loan without interest or charges under section 28(7) of FSMA 2000.
