Law digests: 3 April 2020

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