Smith v Royal Bank of Scotland plc

Subject Matter

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

[2021] EWCA Civ 1832; [2022] 1 WLR 2136; [2022] 2 All ER (Comm) 761; [2022] WLR(D) 69, CA

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

[2021] EWCA Civ 1832; [2022] 1 WLR 2136; [2022] 2 All ER (Comm) 761; [2022] WLR(D) 69, CA

LIMITATION — Statute, action on — Accrual of cause of action — 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 — Claim made more than six years after related agreement ending but less than six years after credit relationship ending — Whether claim time-barred — When cause of action accruing — Consumer Credit Act 1974 (c 39), ss 140A, 140B — Limitation Act 1980 (c 58), s 9

[2023] UKSC 34; [2024] AC 955; [2023] 3 WLR 551; [2024] 1 All ER 97; [2024] 2 All ER (Comm) 1; [2023] WLR(D) 418, SC(E)

LIMITATION OF ACTION — Statute, action on — Accrual of cause of action — 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 — Claim made more than six years after related agreement ending but less than six years after credit relationship ending — Whether claim time-barred — When cause of action accruing — Consumer Credit Act 1974 (c 39), ss 140A, 140B — Limitation Act 1980 (c 58), s 9

[2023] UKSC 34; [2024] AC 955; [2023] 3 WLR 551; [2024] 1 All ER 97; [2024] 2 All ER (Comm) 1; [2023] WLR(D) 418, SC(E)

Appellate History