Woodeson & Anor v Credit Suisse (UK) Ltd

Woodeson & Anor v Credit Suisse (UK) Ltd

The claims for declarations and damages for negligence and breach of statutory duty are time-barred and cannot be pursued as set-off or as freestanding claims. Only the deceit claim may arguably proceed, subject to limitation being postponed under section 32 of the Limitation Act 1980. The anti-set off clauses are enforceable and not rendered invalid by the Interfoto principle. The appeal is dismissed and the stay is refused.

Parties
Claimant/appellant: Charles Woodeson; Claimant/appellant: Christine Woodeson; Defendant/respondent: Credit Suisse (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
Appeal dismissed
Legal Topics
Mortgage Enforcement, Set Off, Limitation Periods, Mis Selling, Unfair Contract Terms, Deceit, Negligence, Breach of Statutory Duty
Banking Law Contract Law Equity Limitation of Actions Mortgage Enforcement Set Off Limitation Periods Mis Selling +4 more

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Parties

Charles Woodeson

Claimant/appellant

Christine Woodeson

Claimant/appellant

Credit Suisse (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether claims for declarations and damages for negligence, breach of statutory duty, and deceit are time-barred
  2. 2 Whether anti-set off clauses in the mortgage contract are enforceable or unreasonable
  3. 3 Whether the bank deliberately concealed facts relevant to the claims

Ratio Decidendi

The claims for declarations and damages for negligence and breach of statutory duty are time-barred and cannot be pursued as set-off or as freestanding claims. Only the deceit claim may arguably proceed, subject to limitation being postponed under section 32 of the Limitation Act 1980. The anti-set off clauses are enforceable and not rendered invalid by the Interfoto principle. The appeal is dismissed and the stay is refused.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Stay discharged