Consumer Credit: PPI pitfall

Hill Hofstetter Limited | The Commercial Litigation Journal | January/February 2015 #59
Davina Bentley and Helen Mulcahy investigate a recent Supreme Court ruling on unfairness under the Consumer Credit Act ‘The decision [in Plevin] has displaced Harrison as the leading authority and loosened the constraints on what might be regarded as being an unfair transaction in favour of consumers of financial services.’The Supreme Court recently provided welcome …

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CPR: No procedural hiding place – the Mitchell effect

13 King’s Bench Walk | Personal Injury Law Journal | February 2014 #122
Deirdre Goodwin discusses the changing litigation landscape ‘The landmark judgment in Mitchell, and those which have followed, definitively welcome civil practitioners to the brave new world of qualified justice where fairness and ‘conscience’ become secondary to awareness of the limitations of court resources and financial expediency.’ The Court of Appeal decision in Mitchell MP v …

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Practice: Shine a light?

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | January/February 2014 #53
Rustam Dubash and Clare Arthurs report on recent developments in relief from sanctions ‘The courts will no longer indulge parties if they fail to comply with their procedural obligations. Instead, the more robust approach to compliance and relief from sanctions is intended to ensure that justice can be done in the majority of cases’. Clarity …

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Consumer Credit Act 1974: Unfairness as justice?

Kennedys | The Commercial Litigation Journal | November/December 2011 #40
John Bruce, Donald McDonald and M ajella McGarrigle consider a Court of Appeal case on unfair relationships under the Consumer Credit Act 1974 ‘Section 140A of the Act enables the court to make an order (under s140B) if it determines that the relationship between the lender and the borrower arising out of a credit agreement …

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