The Court of Appeal’s judgment in the conjoined cases of Conlon v Black Horse and Plevin v Paragon was handed down in December 2013. Ruth Bala of Gough Square Chambers was led by David Bailey QC, representing the finance company. Black Horse succeeded in having the borrower’s appeal dismissed again.
Permission to appeal to the Supreme Court has been granted in both cases.
The Conlon judgment makes it clear that the CA would have wished to dissent from Harrison on the nature and scope of the UR provisions, but is forced by the rules of precedent to follow Harrison. It remains to be seen whether a decisive interpretation of the ‘unfair relationship’ provisions will be offered by the Supreme Court.
Read a summary of the decision.
Read the Conlon and Plevin judgment.