Brandon v American Express Services Europe Ltd

Brandon v American Express Services Europe Ltd

Summary judgment cannot stand as Amex's case for contractual termination was not properly formulated before the first instance judge and raised for the first time on appeal; Default Notice validity is realistically arguable and cannot be dismissed summarily; procedural history and evolving arguments preclude summary...

Source-derived case information.

Parties
Appellant: Ian Karl Robert Brandon; Respondent: American Express Services Europe Ltd.
Jurisdiction
England and Wales
Judgment Date
25 October 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Credit Agreements, Default Notices, Contractual Termination, Unfair Terms
Contract Law Consumer Protection Summary Judgment Credit Agreements Default Notices Contractual Termination Unfair Terms

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Parties

Ian Karl Robert Brandon

Appellant

American Express Services Europe Ltd.

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Validity of Default Notice under Consumer Credit Act 1974
  2. 2 Entitlement to summary judgment based on contractual termination
  3. 3 Applicability of ss.76, 98, and 98A Consumer Credit Act 1974

Ratio Decidendi

Summary judgment cannot stand as Amex's case for contractual termination was not properly formulated before the first instance judge and raised for the first time on appeal; Default Notice validity is realistically arguable and cannot be dismissed summarily; procedural history and evolving arguments preclude summary judgment.

Court Disposition

Appeal allowed

Orders

  • Summary judgment set aside
  • Counterclaim remains dismissed