Smith and another v Royal Bank of Scotland Plc

JurisdictionEngland & Wales
JudgeLord Leggatt,Lord Briggs,Lord Kitchin,Lord Hamblen,Lord Hodge
Judgment Date04 October 2023
Neutral Citation[2023] UKSC 34
CourtSupreme Court
Year2023
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3 cases
  • THG Plc & Others v Zedra Trust Company (Jersey) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 February 2024
    ...the petitioner would be refused relief at trial. 26 Cherry Hill Skip Hire was itself cited with approval (albeit obiter) in Smith v Royal Bank of Scotland plc [2023] UKSC 34, [2023] 3 WLR 551. Lord Leggatt (with whom Lords Briggs, Hamblen and Kitchin agreed) said at [58]: “There are some ......
  • Farol Holdings Ltd v Clydesdale Bank Plc
    • United Kingdom
    • Chancery Division
    • 19 March 2024
    ...That does not, however, absolve the claimant from pleading, and proving, the facts from which the unfairness is said to arise: Smith v Royal Bank of Scotland [2023] UKSC 34; [2023] 3 WLR 551, per Lord Leggatt at 755 It is the fairness or otherwise of the relationship arising out of the cr......
  • Santander Consumer (UK) Plc v Miss Meher-Un-Nisa Chaudhry
    • United Kingdom
    • King's Bench Division
    • 31 January 2024
    ...(J/45). It is important to note that the finding of unfairness is by reference to the time when the determination was made see Smith v Royal Bank of Scotland [2023] UKSC 34 per Lord Leggatt at [19–20]. The Judge in the instant case said that the retention of possession of the Vehicle was d......

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