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27 February 2015 / Jonathan Butters , Kevin Durkin
Issue: 7642 / Categories: Features , Commercial
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Unfair relationships

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Recent cases provide clarity but consumers lose out on agency provisions, say Jonathan Butters & Kevin Durkin

The “unfair relationship” provisions at ss 140A-C of the Consumer Credit Act 1974 (the Act) empower the courts to re-open credit agreements on the application of a debtor on the ground that the relationship between creditor and debtor arising out of the agreement is unfair to the debtor. The recent decisions of the Supreme Court in Plevin v Paragon Finance Limited[2014] UKSC 61, [2015] 1 All ER 625 and the Court of Appeal in Scotland v British Credit Trust [2014] EWCA Civ 790; [2014] All ER (D) 103 (Jun) have provided much clarity on the approach to claims under ss 140A-C.

In both cases the claimants took out loans which included additional advances to fund the purchase of PPI which was payable by way of an up-front premium. Both issued claims against the creditor on the basis that the intermediary who sold the PPI was acting “on behalf of” the creditor for the purpose of

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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