Al Tamimi v Khodari (Rev 1)
The loans were not subject to the Gaming Act 1892 as there was no stipulation requiring their use for gambling; the loans were not made in the course of a business and thus not regulated under the Consumer Credit Act; the 10% fee was not unfair; and no fiduciary relationship existed between the parties.
- Parties
- Appellant/defendant: Fahad Al Tamimi; Respondent/claimant: Mohamad Khodari
- Jurisdiction
- England and Wales
- Judgment Date
- 08 October 2009
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Enforceability of Gambling Related Loans, Consumer Credit Act Regulated Agreements, Fiduciary Duties in Banking Relationships
Case Brief
Summary, issues, holding and outcome
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Parties
Fahad Al Tamimi
Appellant/defendant
Mohamad Khodari
Respondent/claimant
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether loans made for gambling purposes are irrecoverable under s.1 Gaming Act 1892
- 2 Whether certain loans were unenforceable under s.40(1) Consumer Credit Act 1974
- 3 Whether the relationship was unfair under s.140A Consumer Credit Act 1974
Ratio Decidendi
The loans were not subject to the Gaming Act 1892 as there was no stipulation requiring their use for gambling; the loans were not made in the course of a business and thus not regulated under the Consumer Credit Act; the 10% fee was not unfair; and no fiduciary relationship existed between the parties.
Court Disposition
Appeal dismissed
Orders
- Judgment for the claimant in the sum of £240,500 plus interest
- Defendant's counterclaim dismissed
Full Case Text
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