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Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

Application by the joint administrators of LSF for directions arising out of loan agreements made or acquired by LSF before the administration began, under which secured loans were made to consumers but which were unenforceable because they contravened provisions of the Consumer Credit Act 1974. Held: The phrase ‘realisation of the security’ in section 106, … Continue reading Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

Wilson v Robertsons (London) Ltd: CA 27 Jul 2006

The court was asked whether a pawnbroker’s credit agreement was extortionate, and if unenforceable what what damages could be awarded. Citations: [2006] EWCA Civ 1088 Links: Bailii Statutes: Consumer Credit Act 1974 106 Jurisdiction: England and Wales Contract, Consumer Updated: 07 July 2022; Ref: scu.243999

Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment. Held: The appeal failed: ‘in pawn transactions the debtor is particularly at risk because there is nothing to stop the pawnbroker selling the security in order … Continue reading Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

Lagden v O’Connor: HL 4 Dec 2003

The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003

TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd: HL 17 Jun 2009

Each party contracted hire copiers to shops and offices. The claimant said that the defendant had interfered with their contracts by substituting their equipment. The defendants said that the claimants’ contracts were controlled by the 1974 Act, but that the claimant was not registered and could not enforce the agreements. Held: Section 15 regulated agreements … Continue reading TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd: HL 17 Jun 2009