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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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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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