The Weekly Law Reports
[2022] 1 WLR 2136
Court of Appeal
*Smith v Royal Bank of Scotland plc
Burrell
v
Royal Bank of Scotland plc
[2021] EWCA Civ 1832
2021 Oct 14; Dec 3
Macur, Coulson, Birss LJJ
Fair trading— Consumer credit— Agreement— Claimant entering into credit agreement with bank and related agreement with insurer— Claimant claiming repayment of sums paid under related agreement on ground credit relationship with bank unfair— Related agreement ending before statutory provisions permitting such repayment coming into force— Whether court permitted to take account of related agreement when assessing fairness of credit relationship— Whether sums paid by virtue of credit agreement as well as by virtue of related agreement— Whether claimants having cause of action against bank—
Consumer Credit Act 1974 (c 39), ss 140A, 140B
—
Consumer Credit Act 2006 (c 14), Sch 3, paras 14, 16
Limitation of action— Statute, action on— Accrual of cause of action— Claimants claiming relief in respect of unfair credit relationship— Credit relationship unfair taking into account related agreement— Whether cause of action accruing when related agreement ending or from day to day until unfair credit relationship ending— Whether credit relationship unfair for entire length of credit agreement—
Limitation Act 1980 (c 58), s 9