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Law digests: 3 April 2020

01 April 2020
Issue: 7881 / Categories: Case law , In Court , Law digest
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Consumer protection

Canada Square Operations Ltd v Potter [2020] EWHC 672 (QB), [2020] All ER (D) 158 (Mar)

The proceedings raised a point of some general importance, concerning the interaction of s 32 of the Limitation Act 1980 (LA 1980), which deprived a defendant of a limitation defence if he had deliberately concealed a breach of duty, with s 140A-D of the Consumer Credit Act 1974 (CCA 1974). The respondent alleged that she had been mis-sold payment protection insurance, in respect of which the appellant company (then trading by a different name), from which she had taken a loan, had received a commission. The respondent brought a claim to recover the balance of the premia she had paid, together with contractual and statutory interest, relying on CCA 1974, s 140A-D. The appellant relied on the defence of limitation, however, the recorder found in the respondent’s favour. The Queen’s Bench Division, in dismissing the appellant’s appeal, construed LA 1980 s 32(2) and held that the appellant’s non-disclosure of the commission had been unfair

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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