Source: All England Reporter
Publisher Citation: [2012] All ER (D) 10 (Aug)
Court: Court of Appeal, Civil Division
Judge:

Laws, Arden LJJ and Sir Robin Jacob (judgment delivered extempore)

Representation Malcolm Waters QC and Richard Devereux-Cooke (instructed by Abacus Solicitors LLP) for the claimant.
  The first defendant did not appear and was not represented.
  Michael Fealy (instructed by the Bar Pro Bono Unit) for the second defendant.
Judgment Dates: 1 August 2012

Catchwords

Contract - Implied term - Circumstances in which term should be implied - Claimant company entering into loan agreement with first defendant - Claimant contending that agreement exempt agreement - Recorder finding agreement not exempt agreement - Claimant appealing - Whether term should be implied to make contract exempt agreement - Consumer Credit Act 1976, s 11 - Consumer Credit (Exempt Agreements) Order 1989, .

The Case

Contract Implied term. The Court of Appeal Civil Division, dismissed the claimant's appeal against the recorder's finding that the loan agreement was not an exempt agreement for the purposes of the Consumer Credit (Exempt Agreements) Order 1989, .

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.