The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that the payments were Credit, and void under the Act.
Held: The agreement did not provide credit. The solicitor was earning the money, not repaying the advance. At the time of the contract no debt could be said to be created. The contract was essentially a means for payment of remuneration. When entered into either party might owe the other sums, and it could not be predicted which way it would be. It was not a credit agreement, and so was not unenforceable.
Judges:
Ward LJ, Mantell LJ, Jonathan Parker LJ
Citations:
[2004] EWCA Civ 294, Times 16-Apr-2004, [2005] ECC 8, [2004] 1 WLR 1858
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Fattah Nejad v City Index Limited CA 12-Jul-1999
. .
Cited – Dimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Lists of cited by and citing cases may be incomplete.
Employment, Contract, Torts – Other
Updated: 11 September 2022; Ref: scu.194684
