Durkin v DSG Retail Limited and another

Durkin v DSG Retail Limited and another

Mr Durkin was entitled to rescind the credit agreement upon rescission of the sale agreement, and HFC Bank breached its duty of care by reporting default without reasonable investigation, entitling Mr Durkin to damages for injury to credit.

Parties
Appellant: Mr Durkin; Respondent: DSG Retail Limited; Respondent: HFC Bank plc
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Rescission of Contract, Duty of Care, Consumer Credit Act 1974, Damages for Injury to Credit
Contract Law Consumer Credit Law Tort Law Rescission of Contract Duty of Care Consumer Credit Act 1974 Damages for Injury to Credit

Case Brief

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Parties

Mr Durkin

Appellant

DSG Retail Limited

Respondent

HFC Bank plc

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Mr Durkin was entitled to rescind the credit agreement upon rescission of the sale agreement
  2. 2 Whether HFC Bank breached its duty of care by reporting default to credit reference agencies
  3. 3 Whether HFC Bank's breach caused Mr Durkin financial loss beyond injury to credit

Ratio Decidendi

Mr Durkin was entitled to rescind the credit agreement upon rescission of the sale agreement, and HFC Bank breached its duty of care by reporting default without reasonable investigation, entitling Mr Durkin to damages for injury to credit.

Court Disposition

Appeal allowed

Orders

  • Declaration that Mr Durkin validly rescinded the credit agreement by notice to HFC in February 1999
  • Damages confined to £8,000 for injury to credit