Carrasco v Johnson

Carrasco v Johnson

The judge's award of 3% interest was within the broad discretion allowed by law, appropriately considering the general attributes of the claimant and relevant circumstances, and did not constitute an error of law.

Source-derived case information.

Parties
Appellant: Lorna Carrasco; Respondent: Rebecca Johnson
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Interest, Discretionary Interest Rates, Unsecured Loans, Consumer Credit Act, Penalty Clauses
Contract Law Consumer Credit Statutory Interest Discretionary Interest Rates Unsecured Loans Consumer Credit Act Penalty Clauses

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lorna Carrasco

Appellant

Rebecca Johnson

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in exercising discretion to award statutory interest at 3% per annum
  2. 2 Appropriate rate of statutory interest for private unsecured loans
  3. 3 Relevance of claimant's actual borrowing costs to interest award

Ratio Decidendi

The judge's award of 3% interest was within the broad discretion allowed by law, appropriately considering the general attributes of the claimant and relevant circumstances, and did not constitute an error of law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; award of 3% statutory interest upheld