Nolan v Wright

Nolan v Wright

A claim to reopen a credit agreement as an extortionate credit bargain is an action upon a specialty subject to a 12-year limitation period under section 8 of the Limitation Act 1980. The defendant's claim to reopen the agreement is statute-barred, and the plea that the claim is statute-barred as a defence to the claimant's action is struck out. However, the overall case raises serious factual disputes unsuitable for summary judgment and must proceed to trial.

Parties
Claimant/appellant: Peter Nolan; Defendant/respondent: Graham Michael Wright
Jurisdiction
England and Wales
Judgment Date
26 February 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Refusal; Determination of Preliminary Limitation Issue
Outcome
Appeal dismissed save that the plea that the claim is statute-barred is struck out.
Legal Topics
Limitation of Actions, Extortionate Credit Bargains, Summary Judgment, Statutory Interpretation
Contract Law Consumer Credit Civil Procedure Limitation of Actions Extortionate Credit Bargains Summary Judgment Statutory Interpretation

Case Brief

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Parties

Peter Nolan

Claimant/appellant

Graham Michael Wright

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Refusal; Determination of Preliminary Limitation Issue

Legal Issues

  1. 1 Whether a claim to reopen a credit agreement as an extortionate credit bargain under the Consumer Credit Act 1974 is statute-barred by the Limitation Act 1980
  2. 2 Whether such a claim constitutes an action upon a specialty subject to a 12-year limitation period
  3. 3 Whether the defence that the claim is statute-barred should be struck out

Ratio Decidendi

A claim to reopen a credit agreement as an extortionate credit bargain is an action upon a specialty subject to a 12-year limitation period under section 8 of the Limitation Act 1980. The defendant's claim to reopen the agreement is statute-barred, and the plea that the claim is statute-barred as a defence to the claimant's action is struck out. However, the overall case raises serious factual disputes unsuitable for summary judgment and must proceed to trial.

Court Disposition

Appeal dismissed save that the plea that the claim is statute-barred is struck out.

Orders

  • The appeal is dismissed except that the defence that the claim is statute-barred is struck out as disclosing no reasonable ground of defence.
  • The preliminary issue is determined: the defendant’s claim to reopen the credit agreement as an extortionate credit bargain is statute-barred, subject to possible application of section 32(1)(b) of the Limitation Act 1980.