The Business Law Reports
[2010] Bus LR 616
Court of Appeal
Southern Pacific Mortgage Ltd
v
Heath
[2009] EWCA Civ 1135
2009 Oct 13;
Nov 5
Nov 5
Waller, Dyson, Lloyd LJJ
Fair trading— Consumer credit— Agreement— Mortgage agreement between claimant mortgagee and defendant — Defendant obliged under agreement to discharge prior mortgage from advance but free to use remainder for own purposes— Defendant contending mortgage constituting multiple agreement in two parts providing restricted-use and unrestricted-use credit— Whether agreement in two or more parts in different “categories”— Whether enforceable—
Consumer Credit Act 1974 (c 39), s 18