The WLR Daily case summaries
[2022] WLR(D) 69
Court of Appeal
Smith and another v Royal Bank of Scotland Plc
[2021] EWCA Civ 1832
2021 Oct 14; Dec 3
Macur, Coulson, Birss LJJ
Fair trading— Consumer credit— Agreement— Claimants entering into credit card agreements with banks and taking out related payment protection insurance— Monthly insurance premiums charged to claimants’ credit cards— Banks not disclosing to claimants extent of commission paid to it by insurer— Claimants seeking repayment of premiums pursuant to statutory provision allowing court to order repayment of sum paid by virtue of credit or related agreement if relationship between creditor and debtor unfair— Credit card agreements continuing after provision brought into force but insurance policies terminated before— Whether court permitted to take account of policies when assessing fairness of relationship— Whether insurance premiums paid by virtue of credit card agreement as well as insurance policy— Whether claimants having cause of action—
Consumer Credit Act 1974 (c 39), s 140A, 140B
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Consumer Credit Act 2006 (c 14), Sch 3, paras 14, 16
Limitation of action— Statute, action on— Accrual of cause of action— Claimants entering into credit card agreements with banks and taking out related payment protection insurance— Bank not disclosing to claimants extent of commission paid to it by insurers— Claimants contending non-disclosure rendering relationships between them and bank unfair and seeking repayment of premiums— Time when cause of action accruing— Whether premiums paid before six-year limitation period recoverable— Whether relationships unfair for entire length of credit agreements even after termination of insurance policies— Whether claims brought more than six years after termination of policies statute-barred—
Limitation Act 1980 (c 58), s 9