Is the decision in Godfrey a mark of the demise of Debt Relief Orders? – Hardwicke Chambers

Posted October 31st, 2011 in debts, insolvency, news, repossession by sally

“The Court of Appeal heard joined appeals considering the impact of insolvency on the right to make an order for possession and order for money judgment. Sharples concerned a possession claim brought under Ground 8 Housing Act 1988 (a mandatory ground for possession) and was a case in which the tenant had become bankrupt. Godfrey was a case in which possession was sought on discretionary grounds and the court of first instance had made a suspended possession order on terms of repayment of the arrears and granted money judgment; the order was made although the arrears were included within a debt relief order ‘DRO’.”

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Hardwicke Chambers, 28th October 2011