Milne v Open Access Finance Ltd

Milne v Open Access Finance Ltd

The appropriate and just order is to appoint the defendant to act as a representative party for the individual lenders under CPR 19.6, as there is a sufficiently common interest between the defendant and the lenders. Disclosure of the identity of all individual lenders is not required. The claimant's applications for disclosure and transfer are otherwise dismissed.

Parties
Claimant: Andrew Jonathan Milne; Defendant: Open Access Finance Limited
Jurisdiction
England and Wales
Judgment Date
06 September 2019
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Applications for disclosure and transfer dismissed; representation order made under CPR 19.6 appointing defendant as representative party for lenders.
Legal Topics
Disclosure, Representative Proceedings, Peer to Peer Lending, Agency Law
Civil Procedure Consumer Protection Financial Services Disclosure Representative Proceedings Peer to Peer Lending Agency Law

Case Brief

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Parties

Andrew Jonathan Milne

Claimant

Open Access Finance Limited

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the claimant is entitled to disclosure of the identity of 612 individual lenders involved in 42 loan agreements
  2. 2 Whether the claim should be transferred to the County Court to enable disclosure under Part 31 CPR
  3. 3 Whether a representation order under CPR 19.6 is appropriate

Ratio Decidendi

The appropriate and just order is to appoint the defendant to act as a representative party for the individual lenders under CPR 19.6, as there is a sufficiently common interest between the defendant and the lenders. Disclosure of the identity of all individual lenders is not required. The claimant's applications for disclosure and transfer are otherwise dismissed.

Court Disposition

Applications for disclosure and transfer dismissed; representation order made under CPR 19.6 appointing defendant as representative party for lenders.

Orders

  • Defendant appointed as representative party for the individual lenders under CPR 19.6.
  • Applications for disclosure of lenders' identities and for transfer to County Court dismissed.