Pages

Mar 30, 2009

TPA Jones vs Morgan Citation No. [2001] EWCA Civ 995 The position, following the repeal of the usury laws, is that there is now no rule in equity which precludes a lender from stipulating for any collateral advantage, provided that the stipulation is not (i) unfair or unconscionable, (ii) in the nature of a penalty clogging the equity of redemption or (iii) inconsistent with or repugnant to the right to redeem - see Kreglinger v. New Patagonia Meat and Cold Storage Company Limited [1914] AC 25, 61.

No comments:

Post a Comment