| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 26 (Aug) |
| Neutral Citation: | [2010] EWHC 2012 (Ch) |
| Court: | Chancery Division |
| Judge: | Newey J |
| Representation | David Christie (instructed under the Direct Access Scheme) for the claimant. |
| Fred Philpott (instructed by Neumans) for the defendant. | |
| Judgment Dates: | 30 July 2010 |
Catchwords
Contract - Illegality - Enforceability of contract - Loan - Financial Services Legislation - Defendant company lending claimant money to purchase property - Claimant contending loan agreement not enforceable because defendant in breach of relevant legislation - Defendant counterclaiming for repayment of further sums lent to claimant and claimant's company - Whether loans made in breach of relevant legislation - Whether just and equitable to allow loans to be enforced - ss 19, 22, 26, 28.
The Case
Contract Illegality. The Chancery Division held that, notwithstanding breaches of the it was just and equitable to allow the enforcement of certain, although not all, of the loans which the defendant company had made to the claimant.
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