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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

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

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360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
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The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
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