Universal Credit Ltd v Anderson & Anor [2002] EWCA Civ 325 (1 March 2002)

Permission to appeal granted as the statutory formalities issue under section 82 of the Consumer Credit Act 1974 is arguable and of general importance.

Citation: [2002] EWCA Civ 325
Parties: Claimant/respondent: Universal Credit Ltd; Defendant/applicant: Peter Stephen Anderson; Defendant/applicant: Margaret Elizabeth Anderson
Jurisdiction: England and Wales
Judgment Date: 01 March 2002
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Permission to appeal granted
Legal Topics: Variation of Loan Agreements, Statutory Formalities Under Consumer Credit Act 1974, Fair Trial Rights

Consumer Credit Contract Law Variation of Loan Agreements Statutory Formalities Under Consumer Credit Act 1974 Fair Trial Rights

Case Brief

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Parties

Universal Credit Ltd

Claimant/respondent

Peter Stephen Anderson

Defendant/applicant

Margaret Elizabeth Anderson

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the variation of the loan agreement required statutory formalities under section 82 of the Consumer Credit Act 1974
2 Whether the defence witness statement was properly included in the trial bundle
3 Whether Article 6 of the European Convention on Human Rights adds to common law fair trial requirements

Ratio Decidendi

Permission to appeal granted as the statutory formalities issue under section 82 of the Consumer Credit Act 1974 is arguable and of general importance.

Court Disposition

Permission to appeal granted

Orders

Application for permission to appeal allowed
Application for stay of execution allowed