Lenders will be relieved by the decision of the Supreme Court this month (December 2018) to refuse permission to appeal from the Court of Appeal in the long running case of Green v Southern Pacific Mortgage Ltd.
Many will recall the customer’s argument in this matter that the lender had breached the Disability Discrimination Act 1995 by refusing to allow the customer to change to an interest only mortgage. The argument had run that this approach had made it impossible or unreasonably difficult for her to access the service. As such, it was said, this was a failure by the lender to apply reasonable adjustments, so breaching the 1995 Act.
The decision of the Supreme Court to bring an end to this long running matter is one of common sense which it is submitted applies the law in the way in which it was intended when passed.