Harrison, PPI and unfair relationship revisited
The Court of Appeal has revisited the issue of unfair relationship in payment protection insurance (PPI) claims where the payment of commission was not disclosed.
The two conjoined appeals were Plevin v Paragon Personal Finance Ltd and Conlon v Black Horse Ltd. Conlon argued that her claim could be distinguished from Harrison as the court had accepted that had she been aware of the commission she would have searched for cheaper insurance. In Plevin, the argument was that there were serious failings in the broker’s assessment of the policy’s suitability and that the broker’s conduct was ‘on behalf of’ and so bound the lender.
The Court of Appeal held that Conlon’s case was indistinguishable from Harrison. It did not accept the fact that Conlon would have looked for cheaper insurance had she known of the commission as a relevant distinction. In Harrison, it was held that it would be anomalous if a lender could be found to have created an unfair relationship where there was no breach of the relevant regulatory regime…
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This was the finding of the High Court following an appeal by the losing party from a master’s decision that relief should be granted.
The courts have said that any employee who receives commission and/or overtime should have that taken into account for their statutory holiday pay.