Murray v Black Horse Ltd & Anor [2012] EW Misc 10 (CC) (26 June 2012)

Murray v Black Horse Ltd & Anor [2012] EW Misc 10 (CC) (26 June 2012)

Brownhills mis-sold PPI to Mr Murray without his knowledge or consent. Brownhills was not the agent of Black Horse Limited under the Consumer Credit Act, so Black Horse is not liable for the mis-selling. There was no unfair relationship between Mr Murray and Black Horse Limited. The claim against Black Horse Limited is dismissed; the claim against Brownhills succeeds.

Citation
[2012] EW Misc 10 (CC)
Parties
Claimant: Mr David Murray; First Defendant: Black Horse Limited; Second Defendant: Brownhills Motorhomes (Newark) Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2012
Procedural Posture
Civil / Final Judgment
Outcome
Claim against Black Horse Limited dismissed; claim against Brownhills Motorhomes (Newark) Limited succeeds.
Legal Topics
Mis Selling of Payment Protection Insurance, Agency, Unfair Relationship Under Consumer Credit Act, Multiple Agreements Under Consumer Credit Act
Consumer Credit Contract Mis Selling of Payment Protection Insurance Agency Unfair Relationship Under Consumer Credit Act Multiple Agreements Under Consumer Credit Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr David Murray

Claimant

Black Horse Limited

First Defendant

Brownhills Motorhomes (Newark) Limited

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the claimant was mis-sold Payment Protection Insurance (PPI)
  2. 2 Whether Brownhills acted as agent for Black Horse Limited
  3. 3 Whether Black Horse Limited is liable for mis-selling under Consumer Credit Act

Ratio Decidendi

Brownhills mis-sold PPI to Mr Murray without his knowledge or consent. Brownhills was not the agent of Black Horse Limited under the Consumer Credit Act, so Black Horse is not liable for the mis-selling. There was no unfair relationship between Mr Murray and Black Horse Limited. The claim against Black Horse Limited is dismissed; the claim against Brownhills succeeds.

Court Disposition

Claim against Black Horse Limited dismissed; claim against Brownhills Motorhomes (Newark) Limited succeeds.

Orders

  • Judgment for Mr Murray against Brownhills for the cost of the PPI policy (£1,578.00) plus interest at 4% per annum, with half the rate applied as the loss continues to accrue.