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ARTICLE · 30 MAY 2018

Finance Litigation: The Latest Cases And Issues - May 2018

Gowling WLG
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Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry

United KingdomFinance and Banking
Ian Weatherall
Ian Weatherall
Turon Miah
Turon Miah
Jane Bates
Jane Bates
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Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry

THE COURT OF APPEAL CONSIDERS 'REASONABLE ADJUSTMENT' IN THE CONTEXT OF POSSESSION PROCEEDINGS

The first case in which the Equalities legislation has been raised as a defence to a mortgagee's claim for possession has recently been before the Court of Appeal.

In Southern Pacific Mortgage Ltd v Green, Green appealed against a possession order on the basis that the claimant lender had discriminated against her under s19(1)(b) and s21(1) of the Disability Discrimination Act 1995 (DDA). She asserted that by failing to make reasonable adjustments to its practice or policy in providing its services, the claimant had made it impossible or unreasonably difficult for her as a disabled person (a person suffering from depression) to use the claimant's financial services which it provided to other members of the public.

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