Barnes & Anor v Black Horse Ltd

Barnes & Anor v Black Horse Ltd

Claims for breach of fiduciary duty, negligence, and breach of contract are unarguable and not permitted. The claim for unenforceability of the First Agreement is arguable and allowed, subject to further particulars. The unfair relationship claim under section 140A is permitted for Mrs Barnes, not Mr Barnes, and references to earlier agreements are allowed for consideration under section 140A but not for direct relief under section 140B.

Parties
Claimant: Shelley Barnes; Claimant: Darren Barnes; Defendant: Black Horse Limited
Jurisdiction
England and Wales
Judgment Date
31 May 2011
Procedural Posture
Civil / Interlocutory Judgment on Amendment Application
Outcome
Application to amend allowed in part; breach of fiduciary duty, negligence, and breach of contract claims disallowed; unenforceability and unfair relationship claims permitted with further particulars required.
Legal Topics
Payment Protection Insurance (ppi), Unfair Relationship, Fiduciary Duty, Negligence, Breach of Contract, Consumer Credit Act 1974, Consumer Credit Act 2006, Unfair Contract Terms, Disclosure of Commission
Consumer Credit Contract Law Insurance Law Payment Protection Insurance (ppi) Unfair Relationship Fiduciary Duty Negligence Breach of Contract +4 more

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Parties

Shelley Barnes

Claimant

Darren Barnes

Claimant

Black Horse Limited

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Amendment Application

Legal Issues

  1. 1 Whether the claimants can amend their Particulars of Claim to include breach of fiduciary duty, negligence, breach of contract, unenforceability, and unfair relationship claims
  2. 2 Whether the Consumer Credit Act 2006 transitional provisions bar the unfair relationship claim
  3. 3 Whether earlier agreements can be considered in assessing unfairness under section 140A

Ratio Decidendi

Claims for breach of fiduciary duty, negligence, and breach of contract are unarguable and not permitted. The claim for unenforceability of the First Agreement is arguable and allowed, subject to further particulars. The unfair relationship claim under section 140A is permitted for Mrs Barnes, not Mr Barnes, and references to earlier agreements are allowed for consideration under section 140A but not for direct relief under section 140B.

Court Disposition

Application to amend allowed in part; breach of fiduciary duty, negligence, and breach of contract claims disallowed; unenforceability and unfair relationship claims permitted with further particulars required.

Orders

  • Claimants to redraft Re-Amended Particulars of Claim in accordance with judgment.
  • Further particulars to be provided regarding factual allegations and commission.