CFB Ltd v Atkins

Following an inter partes hearing on 5 June 2013, Lord Justice Patten has granted the appellant, Mr Atkins, permission to appeal and permission to adduce fresh evidence in this long running mortgage action. The case is concerned with the effect in equity and under Section 140A of the Consumer Credit Act 1974 of a lender’s payment of an undisclosed commission to the borrower’s mortgage broker and will see the Court of Appeal revisit its earlier decision in Wilson v. Hurstanger (2007) 1 WLR 2351. Mr Clifford Darton acted for the appellant, Mr Atkins on a direct access basis.