The Law Reports (Chancery Division)
[2010] Ch 254
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