HSBC Bank Plc v Brophy [2011] EWCA Civ 67 (02 February 2011)

Summary

The Court of Appeal handed down judgment earlier today in HSBC Bank plc v Patrick Brophy [2011] EWCA Civ 67 on two issues under the Consumer Credit Act 1974 (the “CCA 1974”) and the Consumer Credit (Agreements) Regulations 1983 (the “CCAR 1983”). Firstly, whether an application form for a credit card amounted to an invitation to treat or fell within Section 59(1). Secondly, whether the agreement included the terms prescribed by Schedule 6 to the CCAR 1983. This emphatic and unanimous decision is further justification for the robust approaches taken by lenders defending unmeritorious enforceability challenges.

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Read the Judgment on Bailii -> http://www.bailii.org/ew/cases/EWCA/Civ/2011/67.html