A financial claims firm claims to have has won the first ever consumer credit decision on jurisdiction which may allow consumers to bring claims across the entire European Union (EU).
Following the previous County Court victory on jurisdiction, the Appeal Judgment was handed down by HHJ Tetlow on 2 December 2009. The financial claims firm, Cartel Client Review, argues the judgment could have massive ramifications for UK consumers, particularly those that are domiciled in Scotland and Northern Ireland.
In the case of John Millar and Jennifer Millar v Nemo Personal Finance Limited (Nemo), Cartel says Nemo tried to prevent the Millars from bringing their claim in an English Court, asserting that there was an exclusive jurisdiction clause in their credit agreement, preventing the clients from bringing their claim outside of Scotland, where they lived.
Carl Wright, chief executive of Cartel Client Review said: “Where banks have previously tried to suppress consumer rights by insisting upon the inclusion of an exclusive jurisdiction clause within credit agreements