Julian Gun Cuninghame is representing Mr Forbes in the Interbay appeals on direct access.
In Forbes v Interbay Funding Ltd, Mr Justice Cawson in Chancery Appeals has given Mr Forbes permission to appeal against part of the order of His Honour Judge Roberts in the County Court at Clerkenwell and Shoreditch (relating to Mr Forbes’ capacity) and transferred the appeal from the High Court to the Court of Appeal, where it will be linked with Interbay’s appeal against other parts of the same order. HHJ Roberts granted Interbay permission to appeal and transferred Interbay’s appeal to the Court of Appeal so that Interbay could challenge the High Court decision in Bluestone Mortgages v Stoute [2025] EWHC 755 to the effect that permission to enforce the whole debt was required under The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 in a mixed debt case where there was a moratorium debt and a non-moratorium debt. The same point is being argued in an appeal to the Court of Appeal in Seculink Ltd v Forbes, which has been linked to the Interbay appeal. These appeals follow the appeal in Forbes v Interbay Funding Ltd; Forbes v Seculink Ltd [2025] EWCA Civ 690.
