Bank of Ireland (UK) PLC v McLAUGHLIN [2016] NICA 33 (5 May 2016)

Bank of Ireland (UK) PLC v McLAUGHLIN [2016] NICA 33 (5 May 2016)

The Consumer Credit Act 1974 unfair relationship provisions do not apply because the facility was provided to a company and not to an individual, and thus was not a credit agreement under the Act. Even if the provisions applied, no unfair relationship was established.

Citation
[2016] NICA 33
Parties
Plaintiff/respondent: Bank of Ireland (UK) PLC; Defendant/appellant: Dermot McLaughlin
Jurisdiction
Northern Ireland
Judgment Date
05 May 2016
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Guarantee, Unfair Relationship, Consumer Credit Agreement, Exempt Agreement
Contract Law Consumer Credit Law Guarantee Unfair Relationship Consumer Credit Agreement Exempt Agreement

Case Brief

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Parties

Bank of Ireland (UK) PLC

Plaintiff/respondent

Dermot McLaughlin

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does the Consumer Credit Act 1974 unfair relationship provisions apply to a guarantee for a company debt?
  2. 2 Was there an unfair relationship between the Bank and the appellant under the Act?
  3. 3 Did the Bank comply with notice requirements under section 86E of the Act?

Ratio Decidendi

The Consumer Credit Act 1974 unfair relationship provisions do not apply because the facility was provided to a company and not to an individual, and thus was not a credit agreement under the Act. Even if the provisions applied, no unfair relationship was established.

Court Disposition

appeal dismissed

Orders

  • leave to amend grounds of appeal refused
  • judgment for Bank of Ireland (UK) PLC for £123,000 plus interest upheld