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When is a loan agreement unfair?

17 December 2009 | Karen Jacobs

The claimant had lent the defendant sums totalling £56,450 between 1979 and 1983.  Between 1982 and 2001, the defendant made payments totalling £72,336, but according to the claimant, interest had continued...

Bank’s duty of care

17 December 2009 | Karen Jacobs

This case considered complaints that the bank had failed to act in accordance with normal banking practice and that it had not complied with advertisements which stated that there were locally based agricultural...

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Bank takes subject to beneficial interest

17 December 2009 | Karen Jacobs

The court found that the bank took subject to the occupier's beneficial interest in the property as they failed to make inquiry of him.  Paragraph 2 of schedule 3 to the Land Registration Act 2002 provides...

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Supreme Court gives long-awaited ruling that banks’ charges cannot be considered for reasonableness under Consumer fairness laws – OFT v Abbey National, House of Lords…

3 December 2009 | Paul Gershlick

Under the Unfair Terms in Consumer Contracts Regulations 1999, as between a supplier and a consumer, any contractual terms not individually negotiated shall be unfair and therefore unenforceable if they...

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