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

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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