Appeal Judge Makes First Decision Reversing "Unfair Relationship" Finding: Conlon V Black Horse Limited

    November 2012
    On 7 November 2012, Mr Justice Wilkie (sitting in the Leeds High Court and on an appeal) handed down an extempore judgment in Conlon v Black Horse Limited following an appeal by Black Horse Limited (“Black Horse”) against the finding by Mr Recorder Atherton (sitting in the Manchester County Court) that there was unfairness within the relationship between the parties within the meaning of Section 140A of the Consumer Credit Act 1974 (the “CCA 1974”) resulting from the sale of payment protection insurance (“PPI”) to Mrs Conlon. The hearing of the appeal had been stayed pending the borrowers’ appeals to the Court of Appeal and Supreme Court in Harrison & Harrison v Black Horse Limited [2011] EWCA Civ 1128. The appeal to the Supreme Court has now, of course, been withdrawn by the borrowers and leaves the two extremely positive (and binding) judgments of the High Court and Court of Appeal in place.