Stuart Angel & Ors & v Black Horse Limited

Stuart Angel & Ors & v Black Horse Limited

The Judge's decision to sever the claims was wrong because he applied the restrictive Abbott test, which was subsequently overruled by Morris. The correct test is whether claims can conveniently be disposed of together, considering broad common issues, practical case management, and the overriding objective. Omnibus claim forms are appropriate at this stage, as there are significant common issues and potential for efficient disposal.

Parties
Claimant/appellant: Stuart Angel and 1379 others; Defendant/respondent: Black Horse Limited; Claimant/appellant: Peter Green and 234 others; Defendant/respondent: Close Brothers Limited; Claimant/appellant: Sean Hallsor and 28 others; Defendant/respondent: Aldermore Bank PLC; Claimant/appellant: Carl Thomas and 1545 others; Defendant/respondent: Volkswagen Financial Services (UK) Limited; Claimant/appellant: Jose Fernandes and 177 others; Defendant/respondent: Startline Motor Finance Limited; Claimant/appellant: Andrew Barlow and 180 others; Defendant/respondent: Vauxhall Finance PLC; Defendant/respondent: Stellantis Financial Services UK Limited; Claimant/appellant: Richard Bateson and 1650 others; Defendant/respondent: BMW Financial Services (GB) Limited; Claimant/appellant: Peter Lamond and 1001 others; Defendant/respondent: Motonovo Finance Limited
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Multi Party Appeal / Appeal From Case Management Decision
Outcome
Appeal allowed; severance order set aside; claims to proceed under omnibus claim forms.
Legal Topics
Joinder and Severance, Case Management, Unfair Relationship Under Consumer Credit Act, Commission Disclosure, Agency Liability, Group Litigation Orders
Civil Procedure Consumer Protection Financial Regulation Joinder and Severance Case Management Unfair Relationship Under Consumer Credit Act Commission Disclosure Agency Liability +1 more

Case Brief

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Parties

Stuart Angel and 1379 others

Claimant/appellant

Black Horse Limited

Defendant/respondent

Peter Green and 234 others

Claimant/appellant

Close Brothers Limited

Defendant/respondent

Sean Hallsor and 28 others

Claimant/appellant

Aldermore Bank PLC

Defendant/respondent

Carl Thomas and 1545 others

Claimant/appellant

Volkswagen Financial Services (UK) Limited

Defendant/respondent

Jose Fernandes and 177 others

Claimant/appellant

Startline Motor Finance Limited

Defendant/respondent

Andrew Barlow and 180 others

Claimant/appellant

Vauxhall Finance PLC

Defendant/respondent

Stellantis Financial Services UK Limited

Defendant/respondent

Richard Bateson and 1650 others

Claimant/appellant

BMW Financial Services (GB) Limited

Defendant/respondent

Peter Lamond and 1001 others

Claimant/appellant

Motonovo Finance Limited

Defendant/respondent

Procedural Posture

Multi Party Appeal / Appeal From Case Management Decision

Legal Issues

  1. 1 Whether multi-party claims can be conveniently disposed of in omnibus claim forms under CPR r.7.3 and r.19.1
  2. 2 Whether the Judge applied the correct legal test for severance
  3. 3 Significance and binding effect of decisions on common issues in lead cases

Ratio Decidendi

The Judge's decision to sever the claims was wrong because he applied the restrictive Abbott test, which was subsequently overruled by Morris. The correct test is whether claims can conveniently be disposed of together, considering broad common issues, practical case management, and the overriding objective. Omnibus claim forms are appropriate at this stage, as there are significant common issues and potential for efficient disposal.

Court Disposition

Appeal allowed; severance order set aside; claims to proceed under omnibus claim forms.

Orders

  • Judge's order dated 24.11.2023 set aside.
  • Case remitted for case management under omnibus claim forms.