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Asset finance, leasing agreements, marketing support, breach of contract, misrepresentation and fraud by supplier.
Ross represented the successful claimant charity in a complex case involving a series of leasing agreements for photocopying equipment supplied by the defendant to the claimant and funded by asset finance agreements with leasing houses. The defendant induced the claimant to enter into each ever more expensive agreement with the promise of net financial savings to be achieved by the payment to the claimant of “marketing support”. The defendant represented that the marketing support pool was provided by the photocopier manufacturer. In fact, the defendant had paid the marketing support from the proceeds of sale obtained from the leasing houses for the purchase of the equipment, with the result that the claimant ended up repaying the marketing support payments to the leasing houses as part of its rental obligation. In consequence, the claimant ended up with a 5-year liability of close to £1 million for the hire of 5 photocopiers. The claimant was awarded over £660,000.00 in its claims for misrepresentation and breach of contract. The judge described the business of the defendant, as conducted by its sales representative with respect to the claimant, as “fundamentally dishonest”.
Retention of title dispute; title had been reserved and accordingly the goods had been converted under the Torts (Interference with Goods) Act 1977 s.1(a). The Manufacturer was, accordingly, entitled to an order for delivery up of the plant, although as the items were ordinary items of commerce, the company was entitled, in the alternative, to pay the manufacturer damages equivalent to their market value. References: LTL 22/6/2009
Recovery of mistaken payment; ministerial receipt by bank; defence of change of position
Scope of jurisdiction of the Financial Ombudsman Service in high value claims.
Scope of jurisdiction of the Financial Ombudsman Service over mortgage-endowment linked mis-selling claims.
Group action on behalf of about 400 claimants for mis-selling of annuities over a period of years, 2005-2007.
Application by local authority to sell PFI assets pending trial of a claim by the funder of a failed PFI project of a right to remove and sell them notwithstanding a PFI vesting clause on contractor default.
Case concerning efficacy of trustee exoneration clauses protecting occupation pension scheme trustees.
Whether credit agreement a multiple agreement within s 18 Consumer Credit Act 1974 and unenforceable as not properly documented.
Whether appeal should be stayed pending proceedings in European Court of Human Rights; whether judges to recuse themselves on grounds of bias
Offshore unregulated fund; claim by investors against financial adviser and provider of offshore insurance "wrapper bond"; negligence; breach of statutory duty.
Whether liability within scope of guarantee; whether estoppel by convention prevented guarantor asserting guarantee covered only a specified loan.
Whether CCA regulated credit agreement enforceable; whether sums to clear existing mortgage arrears credit or charges; whether insurance premiums credit or charges.
Forged signature on a mortgage deed - whether legal mortgage or equitable mortgage.
Trial of guarantor’s claims against lender and receivers for misrepresentation, conspiracy, shadow directorship and breach of duty in connection with sale of failed property development.
Mortgages - proceeds of sale insufficient to meet outstanding debt - relevant limitation period to recover the shortfall.
Whether sale of mortgaged property tainted by fraud and to be set aside.
Availability of defence of estoppel/change of position to restitutionary claims for return of money paid under a mistake of fact.
Whether non-status credit agreement extortionate.
Affirmation of charge as defence to undue influence claim.
Claim to set aside mortgage for undue influence, misrepresentation or other wrongdoing by a principal debtor.
Impact of the Limitation Act on claims for mis-selling personal pension plans.
Duty of care owed by financial adviser to client's dependants when advising on retirement options.
Bank recovery of loans and overdraft - whether regulated by Consumer Credit Act 1974
Judge hearing bank recovery claim having shareholding in bank - whether bias.
Undue influence defence to mortgagee's claim to possession.
Conflict of laws - Consumer Credit Act 1974, s 75 - connected lender liability.
Acted for Defendant; no personal liability of employee in respect of negligent advice given in connection with sale of Home Income Plan product.
Scope of solicitor's duty of care to third party in connection with provision of protection scheme for investment plan.
Whether tenancy binding on mortgagee.
No right to stay of proceedings over pension mis-selling despite availability of PIA Review.