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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.
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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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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