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England and Wales decisions
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The Court of Appeal dismissed an appeal over mortgage pricing and consumer credit remedies, holding TSB could vary the inherited rate and section 140A(5) barred relief tied to regulated mortgages.
Wey Bridging Finance Ltd v Marlow & Anor [2026] EWHC 485 (Ch) (23 January 2026)
The High Court held that the claimant could recover a £1.3 million loan and sums under an option agreement, rejecting defences based on duress, unconscionability and unfair relationship.
The High Court dismissed Israel Russell’s professional negligence claim against his former barrister, holding that the relevant Consumer Credit Act points were pleaded and no loss was proved.
County Court appeal on an unfair relationship claim under the Consumer Credit Act 1974: the claim against GE failed, but the claim against Promontoria was remitted.
Howard & Anor v GE Money Mortgages Ltd & Anor [2025] EWCC 18 (25 April 2025)
Appeal over an unfair relationship claim in a mortgage case. The claim against GE failed, but the claim against Promontoria was allowed and remitted; the costs order was set aside.
The debtor has established a dispute on substantial grounds regarding both the unfair relationship under sections 140A-140C CCA 1974 and the unenforceability of the default interest provision as a penalty clause; until County Court proceedings determine the actual sum due, the bankruptcy petition cannot proceed.
Source excerpt
The claimants failed to demonstrate sufficient common or related issues of law or fact to justify a GLO or collective case management. The proposed structure would not yield binding decisions or significant guidance for remaining claims, and would likely increase costs, delay, and strain court resources. The omnibus claim form with multiple defendants does not enable convenient disposal of claims in the same proceedings. Disaggregation is ordered; each claimant must file an individual claim form.
Source excerpt
Clydesdale Financial Service Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 3237 (Admin) (17 December 2024)
The High Court rejected Clydesdale’s judicial review challenge to a Financial Ombudsman decision on motor finance commission disclosure and compensation.
Kasperczak v FirstRand Bank Ltd (London Branch) t/a Motornovo Finance [2024] EWCC 22 (05 December 2024)
Appeal against allocation to the Small Claims Track in a consumer credit claim was dismissed. The court held interest is excluded from value for track allocation.
Johnson v FirstRand Bank Ltd (London Branch) (t/a MotoNovo Finance) [2024] EWCA Civ 1282 (25 October 2024)
Consolidated appeals about car finance commissions. The Court of Appeal held the dealers owed duties to consumers, treated some commissions as secret, and allowed the appeals.
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