Kneale v Barclays Bank Plc (t/a Barclaycard)

Kneale v Barclays Bank Plc (t/a Barclaycard)

The application for pre-action disclosure was speculative and unsupported by any evidence that the agreement was unenforceable; the applicant failed to satisfy the jurisdictional and discretionary requirements of CPR 31.16. The bank's opposition was not unreasonable, so the costs order against it was unjustified.

Parties
Applicant/respondent: Alan Kneale; Respondent/appellant: Barclays Bank PLC (trading as Barclaycard)
Jurisdiction
England and Wales
Judgment Date
23 July 2010
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Pre Action Disclosure and Costs
Outcome
Appeal allowed; orders for pre-action disclosure and costs set aside.
Legal Topics
Pre Action Disclosure, Consumer Credit Act 1974, Civil Procedure Rules Part 31.16, Costs Orders
Civil Procedure Banking Law Consumer Credit Pre Action Disclosure Consumer Credit Act 1974 Civil Procedure Rules Part 31.16 Costs Orders

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Parties

Alan Kneale

Applicant/respondent

Barclays Bank PLC (trading as Barclaycard)

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Pre Action Disclosure and Costs

Legal Issues

  1. 1 Whether the applicant is entitled to pre-action disclosure of the original or a direct copy of the executed credit agreement under CPR 31.16
  2. 2 Whether the jurisdictional and discretionary requirements for pre-action disclosure are satisfied
  3. 3 Whether the order for costs against the bank was justified

Ratio Decidendi

The application for pre-action disclosure was speculative and unsupported by any evidence that the agreement was unenforceable; the applicant failed to satisfy the jurisdictional and discretionary requirements of CPR 31.16. The bank's opposition was not unreasonable, so the costs order against it was unjustified.

Court Disposition

Appeal allowed; orders for pre-action disclosure and costs set aside.

Orders

  • Order for pre-action disclosure discharged.
  • Order for costs against the bank discharged.