Harrison v Black Horse Ltd [2010] EWHC 3152 (QB) (01 December 2010)

The Bank breached ICOB rules regarding the assessment of the length of cover but not regarding cost or commission. However, the claimants failed to prove causation or loss resulting from the breach. There was no breach of ICOB rule 2.3 regarding commission, no actionable negligence, and no unfair relationship under the Consumer Credit Act. The appeal is dismissed.

Citation: [2010] EWHC 3152
Parties: Claimant: Andrew Harrison; Claimant: Elaine Harrison; Defendant: Black Horse Limited
Jurisdiction: England and Wales
Judgment Date: 01 December 2010
Procedural Posture: Appeal / Judgment on Appeal From District Judge Marston, Worcester County Court, Heard in Mercantile Court
Outcome: Appeal dismissed
Legal Topics: Payment Protection Insurance (ppi), Breach of Statutory Duty, Negligence, Unfair Relationship Under Consumer Credit Act, Disclosure of Commission, Insurance Conduct of Business Rules (icob)

Financial Services Law Consumer Credit Law Contract Law Tort Law Payment Protection Insurance (ppi) Breach of Statutory Duty Negligence Unfair Relationship Under Consumer Credit Act +2 more

Case Brief

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Parties

Andrew Harrison

Claimant

Elaine Harrison

Claimant

Black Horse Limited

Defendant

Procedural Posture

Appeal / Judgment on Appeal From District Judge Marston, Worcester County Court, Heard in Mercantile Court

Legal Issues

1 Whether the Bank breached ICOB rules 4.3 and 2.3 in the sale of PPI
2 Whether the Bank was negligent in recommending the PPI
3 Whether there was an unfair relationship under s140A of the Consumer Credit Act 1974

Ratio Decidendi

Court Disposition

Appeal dismissed