Burrell and others v Helical (Bramshott Place) Ltd

Lease – Consumer credit. The Chancery Division granted the defendant property developer's application for summary judgment on a claim under the Consumer Credit Act 1974, which contended that the transfer fee provisions in leases amounted to the provision of credit and that the leases were unenforceable consumer credit agreements. On the true construction of a lease, the defendant had not provided credit to the claimants in the transfer fee provisions of the lease and the claimants had had no real prospect of succeeding on its claim.

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