Canada Square Operations Ltd v Potter

Canada Square Operations Ltd v Potter

Canada Square's failure to disclose the existence and size of the commission paid on the PPI policy constituted deliberate concealment of a fact relevant to Mrs Potter's right of action under section 140A of the Consumer Credit Act 1974. The mental element of 'deliberate' in section 32 of the Limitation Act 1980 includes recklessness. Therefore, the limitation period did not begin to run until Mrs Potter discovered the concealment, and her claim was not time-barred.

Parties
Appellant: Canada Square Operations Ltd; Respondent: Mrs Beverley Potter
Jurisdiction
England and Wales
Judgment Date
11 March 2021
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Unfair Relationship Under Consumer Credit Act, Payment Protection Insurance (ppi) Mis Selling, Limitation Period Extension for Concealment, Deliberate Concealment Under Limitation Act, Commission Disclosure in Financial Services
Consumer Credit Limitation of Actions Unfair Relationship Under Consumer Credit Act Payment Protection Insurance (ppi) Mis Selling Limitation Period Extension for Concealment Deliberate Concealment Under Limitation Act Commission Disclosure in Financial Services

Case Brief

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Parties

Canada Square Operations Ltd

Appellant

Mrs Beverley Potter

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the creation of an unfair relationship under section 140A of the Consumer Credit Act 1974 amounts to a breach of duty for the purposes of section 32(2) of the Limitation Act 1980
  2. 2 Whether Canada Square's failure to disclose the existence and size of the commission was a 'concealment' under section 32(1)(b) of the Limitation Act 1980
  3. 3 Whether Canada Square's conduct was 'deliberate' within the meaning of section 32(1)(b) and 32(2) of the Limitation Act 1980

Ratio Decidendi

Canada Square's failure to disclose the existence and size of the commission paid on the PPI policy constituted deliberate concealment of a fact relevant to Mrs Potter's right of action under section 140A of the Consumer Credit Act 1974. The mental element of 'deliberate' in section 32 of the Limitation Act 1980 includes recklessness. Therefore, the limitation period did not begin to run until Mrs Potter discovered the concealment, and her claim was not time-barred.

Court Disposition

appeal dismissed

Orders

  • Mrs Potter's claim is not time-barred and may proceed.
  • Canada Square's appeal is dismissed.