Evans v Cherry Tree Finance Ltd & Anor

Evans v Cherry Tree Finance Ltd & Anor

The claimant borrowed the money, at least in part, for purposes outside his trade, business or profession—namely, to buy out his wife’s equity in the property as part of a matrimonial settlement. This personal purpose sufficed to make him a consumer under the regulations, regardless of any mixed business purpose. The appeal was therefore dismissed.

Parties
Appellant: Evans; Respondent: Cherry Tree Finance Limited & Anr
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Terms in Consumer Contracts, Definition of Consumer, Secured Credit Agreements
Consumer Protection Contract Law Unfair Terms in Consumer Contracts Definition of Consumer Secured Credit Agreements

Case Brief

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Parties

Evans

Appellant

Cherry Tree Finance Limited & Anr

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the claimant was acting as a consumer under the Unfair Terms in Consumer Contracts Regulations 1999 when entering into the loan agreement
  2. 2 Whether the loan was for purposes outside the claimant's trade, business or profession

Ratio Decidendi

The claimant borrowed the money, at least in part, for purposes outside his trade, business or profession—namely, to buy out his wife’s equity in the property as part of a matrimonial settlement. This personal purpose sufficed to make him a consumer under the regulations, regardless of any mixed business purpose. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for the claimant stands