Nolan v Wright [2009] EWCA Civ 1131 (15 October 2009)

Nolan v Wright [2009] EWCA Civ 1131 (15 October 2009)

Permission to appeal is granted on all grounds because the section 32 limitation point is fact-sensitive and may affect the substantive extortionate credit bargain claim, and because the costs orders made below may not have properly reflected the parties' success or the changed landscape after the preliminary issue.

Citation
[2009] EWCA Civ 1131
Parties
Appellant: Nolan; Respondent: Wright
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Oral Renewal of Application for Permission to Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted on all grounds
Legal Topics
Limitation of Actions, Extortionate Credit Bargain, Summary Judgment, Costs Orders, Fraud, Undue Influence, Misrepresentation
Civil Procedure Consumer Credit Contract Law Limitation of Actions Extortionate Credit Bargain Summary Judgment Costs Orders Fraud +2 more

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Parties

Nolan

Appellant

Wright

Respondent

Procedural Posture

Oral Renewal of Application for Permission to Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether the claim to re-open the credit agreement as an extortionate credit bargain is statute barred under section 8 of the Limitation Act
  2. 2 Whether section 32 of the Limitation Act applies due to alleged fraud or deliberate concealment
  3. 3 Whether summary judgment should be granted

Ratio Decidendi

Permission to appeal is granted on all grounds because the section 32 limitation point is fact-sensitive and may affect the substantive extortionate credit bargain claim, and because the costs orders made below may not have properly reflected the parties' success or the changed landscape after the preliminary issue.

Court Disposition

permission to appeal granted on all grounds

Orders

  • Appeal to proceed on substantive and costs points
  • Appeal to be listed for four hours before a three-judge court including at least one with Chancery experience