Canada Square Operations Ltd v Potter (Rev 2) [2020] EWHC 672 (QB) (20 March 2020)

Canada Square Operations Ltd v Potter (Rev 2) [2020] EWHC 672 (QB) (20 March 2020)

The deliberate non-disclosure of the PPI commission by the Appellant, in circumstances where it was unlikely to be discovered for some time, constituted a breach of duty under section 32(2) of the Limitation Act 1980, extending the limitation period for the Respondent's claim under sections 140A-D of the Consumer Credit Act 1974.

Citation
[2020] EWHC 672
Parties
Appellant/defendant: Canada Square Operations Ltd; Respondent/claimant: Mrs Beverley Potter
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Appeal / High Court Judgment on Appeal From Recorder's Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Relationship Under Consumer Credit Act, Limitation Period Extension for Concealment, PPI Commission Non Disclosure, Interpretation of Limitation Act Section 32
Consumer Credit Limitation of Actions Unfair Relationship Under Consumer Credit Act Limitation Period Extension for Concealment PPI Commission Non Disclosure Interpretation of Limitation Act Section 32

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Parties

Canada Square Operations Ltd

Appellant/defendant

Mrs Beverley Potter

Respondent/claimant

Procedural Posture

Appeal / High Court Judgment on Appeal From Recorder's Decision

Legal Issues

  1. 1 Whether section 32(2) of the Limitation Act 1980 applies to extend the limitation period for claims under sections 140A-D of the Consumer Credit Act 1974 due to non-disclosure of PPI commission
  2. 2 Whether non-disclosure of commission constitutes a 'breach of duty' for the purposes of section 32(2)
  3. 3 Whether the Appellant's conduct was deliberate for the purposes of section 32(2)

Ratio Decidendi

The deliberate non-disclosure of the PPI commission by the Appellant, in circumstances where it was unlikely to be discovered for some time, constituted a breach of duty under section 32(2) of the Limitation Act 1980, extending the limitation period for the Respondent's claim under sections 140A-D of the Consumer Credit Act 1974.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Recorder's judgment in favour of the Respondent stands.