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…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
A reminder to all brand owners when creating brand names to give careful consideration to ensuring they are original
Court of Appeal confirms no English celebrity image right but Topshop’s Rihanna T-shirt was passing off
The Court of Appeal has delivered its decision in the litigation between Rihanna and Topshop, upholding the trial judge’s finding that Topshop’s unauthorised use of Rihanna’s image on a T-shirt was passing off.