Axton v GE Money Mortgages Ltd and another

Practice – Summary judgment. Summary judgment was entered for the first defendant, pursuant to CPR 24.2, in respect of the whole of the claimants' claim against the first defendant under s 140A-C of the Consumer Credit Act 1974. The Queen's Bench Division, in dismissing the claimants' appeal and upholding the order, held, inter alia, that it could not be that the burden of proof imposed by s 140B(9) of the Act had been intended to mean that, in a case where an unfair relationship was alleged, no summary disposal should ever take place. In the circumstances, it had been fully open to the judge to have found that the test in CPR 24.2 had been satisfied and to have given summary judgment.

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