Burrell & Ors v Helical (Bramshott Place) Ltd

Burrell & Ors v Helical (Bramshott Place) Ltd

There was no obligation on the claimants to pay any sum under the transfer fee provisions at the outset of the leases, nor was there any deferment of the purchase price. The payment of the relevant percentage is a condition precedent to assignment, not a deferred payment obligation. Therefore, the leases do not constitute regulated consumer credit agreements and no credit was provided under the Consumer Credit Act 1974.

Parties
Claimant/respondent: Mr John Christopher Burrell; Claimant/respondent: Mrs Sandra Elizabeth Burrell; Claimant/respondent: Mr Alistair Robert Sinclair Bassett Cross; Claimant/respondent: Mrs Margaret Victoria Bassett Cross; Claimant/respondent: Mrs Evelyn Winifred Morris; Claimant/respondent: Mr Frank Ralph Morris; Claimant/respondent: Mr Frank Vernon Ogden; Claimant/respondent: Mrs Marilyn June Ogden; Defendant/applicant: Helical (Bramshott Place) Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Civil Summary Judgment Application / Summary Judgment/strike Out Application in Respect of the CCA Claim
Outcome
Summary judgment for the defendant; CCA Claim dismissed.
Legal Topics
Consumer Credit Act 1974, Unfair Terms in Consumer Contracts Regulations 1999, Summary Judgment, Leasehold Property, Transfer Fee Provisions
Contract Law Consumer Protection Law Consumer Credit Act 1974 Unfair Terms in Consumer Contracts Regulations 1999 Summary Judgment Leasehold Property Transfer Fee Provisions

Case Brief

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Parties

Mr John Christopher Burrell

Claimant/respondent

Mrs Sandra Elizabeth Burrell

Claimant/respondent

Mr Alistair Robert Sinclair Bassett Cross

Claimant/respondent

Mrs Margaret Victoria Bassett Cross

Claimant/respondent

Mrs Evelyn Winifred Morris

Claimant/respondent

Mr Frank Ralph Morris

Claimant/respondent

Mr Frank Vernon Ogden

Claimant/respondent

Mrs Marilyn June Ogden

Claimant/respondent

Helical (Bramshott Place) Limited

Defendant/applicant

Procedural Posture

Civil Summary Judgment Application / Summary Judgment/strike Out Application in Respect of the CCA Claim

Legal Issues

  1. 1 Whether the transfer fee provisions in the leases constitute the provision of credit under the Consumer Credit Act 1974
  2. 2 Whether the leases are regulated consumer credit agreements
  3. 3 Whether the claimants have a real prospect of succeeding on the CCA Claim

Ratio Decidendi

There was no obligation on the claimants to pay any sum under the transfer fee provisions at the outset of the leases, nor was there any deferment of the purchase price. The payment of the relevant percentage is a condition precedent to assignment, not a deferred payment obligation. Therefore, the leases do not constitute regulated consumer credit agreements and no credit was provided under the Consumer Credit Act 1974.

Court Disposition

Summary judgment for the defendant; CCA Claim dismissed.

Orders

  • Summary judgment entered for the defendant on the CCA Claim.
  • Claimants' CCA Claim dismissed.