Lender resists attempts to extend section 75 liability
On 25 November 2022, the Court of Appeal handed down judgment in Cooper v The Freedom Travel Group and Bank of Scotland Plc (trading as Halifax)  EWCA Civ 1557. This was an attempt, by the appellant, to extend liability under section 75 of the Consumer Credit Act 1974 so that she had a solvent defendant against which she could pursue her claim for personal injuries. The original defendant, The Freedom Travel Group, formed part of the Thomas Cook Group which collapsed in 2019. The appellant argued that the meaning of the word “debtor” in the 1974 Act should be extended to cover third party beneficiaries of credit e.g family members who travel on a holiday purchased in whole or in part using a credit card. The appellant also argued that a claim by such a third party under the Package Travel, Package Holidays and Package Tours Regulations 1992/3288 was a “claim in respect of a … breach of contract” within the meaning of section 75.
The Court of Appeal rejected both arguments. A copy of the judgment can be found here.
Toby Riley-Smith KC and Lia Moses acted for the successful respondent, Bank of Scotland Plc. They were instructed by Eversheds Sutherland (International) LLP where the team was led by Jeremy Fowler and Alex Byard.