Conlon v Black Horse Ltd [2012] EWHC B25 (Admin) (07 November 2012)

Conlon v Black Horse Ltd [2012] EWHC B25 (Admin) (07 November 2012)

Where the only complaint is non-disclosure of commission and the lender has complied with the applicable regulatory regime (ICOB), the relationship cannot be found unfair under section 140A of the Consumer Credit Act 1974. The Court of Appeal's decision in Harrison v Black Horse is binding and precludes a finding of unfairness in these circumstances.

Citation
[2012] EWHC B25 (Admin)
Parties
Claimant/respondent: Shelagh Conlon; Defendant/appellant: Black Horse Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Appeal / High Court Judgment on Appeal From County Court
Outcome
Appeal allowed; lower court order quashed.
Legal Topics
Unfair Relationship Under Consumer Credit Act 1974, Payment Protection Insurance (ppi), Disclosure of Commission, ICOB Rules Compliance
Consumer Credit Financial Services Regulation Unfair Relationship Under Consumer Credit Act 1974 Payment Protection Insurance (ppi) Disclosure of Commission ICOB Rules Compliance

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Parties

Shelagh Conlon

Claimant/respondent

Black Horse Limited

Defendant/appellant

Procedural Posture

Appeal / High Court Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether non-disclosure of commission by lender in PPI sale creates an unfair relationship under section 140A Consumer Credit Act 1974
  2. 2 Whether compliance with ICOB rules precludes a finding of unfairness under section 140A

Ratio Decidendi

Where the only complaint is non-disclosure of commission and the lender has complied with the applicable regulatory regime (ICOB), the relationship cannot be found unfair under section 140A of the Consumer Credit Act 1974. The Court of Appeal's decision in Harrison v Black Horse is binding and precludes a finding of unfairness in these circumstances.

Court Disposition

Appeal allowed; lower court order quashed.

Orders

  • Order of Recorder Atherton set aside.
  • Claimant's relief under section 140A Consumer Credit Act 1974 denied.