When is a settlement not full and final? Tomlins and the CCA

The policy of the law is to encourage parties to settle litigation. But if the parties enter into a settlement agreement that extends ‘credit’ to an individual, does the Consumer Credit Act apply, and could the agreement be susceptible to challenge as giving rise to an unfair relationship?  

Nigel Clayton and Nathan Smith, members of the Kings Chambers Business and Property Group, discuss some of the issues.

Nigel will look at the recent case of CFL Finance Ltd v Laser Trust [2021] EWCA Civ 228 and Nathan will look at Holyoake v Candy [2017] EWHC 3397(Ch).


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