Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s agreement did not correctly state the amount of credit, and the broker was prevented absolutely from enforcing the agreement. It was not that the broker was left entirely without rights by the Act, but that he was unable to enforce it through the courts.
Section 127(3) of the 1974 Act was incompatible with article 6 and with the pawnbroker’s rights under A1P1 and the court made a declaration of incompatibility under section 4 of the HRA to that effect.
Citations:
Times 16-May-2001, Gazette 14-Jun-2001, [2002] QB 74, [2001] EWCA Civ 633
Links:
Statutes:
Consumer Credit Act 1974 8 127(3), Human Rights Act 1998
Jurisdiction:
England and Wales
Citing:
Resumed – Wilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .
Cited by:
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Adjourned to – Wilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .
Cited – X v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
Cited – Hand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
Lists of cited by and citing cases may be incomplete.
Financial Services, Human Rights, Consumer
Updated: 20 May 2022; Ref: scu.90551