Canada Square Operations Ltd v Potter (Rev 2)

Canada Square Operations Ltd v Potter (Rev 2)

Deliberate non-disclosure of commission by the Appellant constituted a breach of duty for the purposes of section 32(2) of the Limitation Act 1980, as the statutory right of action under sections 140A-D of the Consumer Credit Act 1974 is sufficient to satisfy the requirement, and the Appellant acted deliberately in circumstances where discovery was unlikely for some time.

Parties
Appellant/defendant: Canada Square Operations Ltd; Respondent/claimant: Mrs Beverley Potter
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Relationship, Limitation Period, Deliberate Concealment, Statutory Interpretation, Commission Disclosure
Consumer Credit Limitation of Actions Unfair Relationship Limitation Period Deliberate Concealment Statutory Interpretation Commission Disclosure

Case Brief

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Parties

Canada Square Operations Ltd

Appellant/defendant

Mrs Beverley Potter

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether section 32(2) of the Limitation Act 1980 applies to claims under sections 140A-D of the Consumer Credit Act 1974
  2. 2 Whether deliberate non-disclosure of commission constitutes a breach of duty for limitation purposes
  3. 3 Whether the Appellant acted deliberately in concealing relevant facts

Ratio Decidendi

Deliberate non-disclosure of commission by the Appellant constituted a breach of duty for the purposes of section 32(2) of the Limitation Act 1980, as the statutory right of action under sections 140A-D of the Consumer Credit Act 1974 is sufficient to satisfy the requirement, and the Appellant acted deliberately in circumstances where discovery was unlikely for some time.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.