English v Donnelly [1958] ScotCS CSIH_1 (23 July 1958)

English v Donnelly [1958] ScotCS CSIH_1 (23 July 1958)

The Scottish Act applies to hire purchase contracts entered into in Scotland regardless of any contractual provision selecting English law, as the Act is mandatory and parties cannot contract out of its protections.

Citation
[1958] ScotCS CSIH_1
Parties
Pursuer: English; Defender: Donnelly; Assignor: Twentieth Century Banking Corporation Limited
Jurisdiction
Scotland
Judgment Date
23 July 1958
Procedural Posture
Civil Appeal / Court of Session, Inner House, Post Sheriff Appeal
Outcome
appeal refused
Legal Topics
Hire Purchase, Choice of Law, Statutory Interpretation, Consumer Protection
Contract Law Hire Purchase Choice of Law Statutory Interpretation Consumer Protection

Case Brief

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Parties

English

Pursuer

Donnelly

Defender

Twentieth Century Banking Corporation Limited

Assignor

Procedural Posture

Civil Appeal / Court of Session, Inner House, Post Sheriff Appeal

Legal Issues

  1. 1 Does the Hire Purchase and Small Debt (Scotland) Act, 1932 apply to a hire purchase contract entered into in Scotland, notwithstanding a contractual clause selecting English law?
  2. 2 Can parties contract out of the mandatory protections of the Scottish Act by choosing another jurisdiction's law?

Ratio Decidendi

The Scottish Act applies to hire purchase contracts entered into in Scotland regardless of any contractual provision selecting English law, as the Act is mandatory and parties cannot contract out of its protections.

Court Disposition

appeal refused

Orders

  • Sheriff's decision dismissing the action affirmed
  • Contract declared void and unenforceable under Scottish Act