Davies v Black Horse Ltd [2012] EW Misc 20 (CC) (02 August 2012)
The Claimant failed to prove, on the balance of probabilities, that the Defendant did not explain the optional nature of PPI or breached statutory duties. The Defendant's procedures and documentation were compliant, and the agreement was properly executed and enforceable. No unfair relationship was established.
- Citation
- [2012] EW Misc 20 (CC)
- Parties
- Claimant: Mr Melvyn Vaughan Davies; Defendant: Black Horse Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 August 2012
- Procedural Posture
- Civil / Trial Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Payment Protection Insurance, Mis Selling, Unfair Relationship, Statutory Compliance, Contract Execution
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Melvyn Vaughan Davies
Claimant
Black Horse Limited
Defendant
Procedural Posture
Civil / Trial Judgment
Legal Issues
- 1 Whether the Defendant mis-sold payment protection insurance (PPI) to the Claimant
- 2 Whether the Defendant breached statutory, fiduciary, and common law duties
- 3 Whether the loan agreement was improperly executed and unenforceable
Ratio Decidendi
The Claimant failed to prove, on the balance of probabilities, that the Defendant did not explain the optional nature of PPI or breached statutory duties. The Defendant's procedures and documentation were compliant, and the agreement was properly executed and enforceable. No unfair relationship was established.
Court Disposition
Claim dismissed
Orders
- Claimant liable for Defendant's costs
- Submissions on quantum of costs to be allowed
Full Case Text
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