The Court of Appeal has handed down its decision in Dickinson v UK Acorn Finance Ltd [2015] EWCA Civ 1194. The question in the appeal was whether, in circumstances in which a secured loan was prima facie unenforceable because the lender was not authorised to carry on the business of lending money on the security of a particular type of property under the Financial Services and Markets Act 2000 (“the Act”), it was an abuse of process for the borrowers to seek to rely on that unenforceability after a possession order has been granted and numerous applications have been made to set aside that order and have been refused.
Mark Warwick Q.C. appeared for the appellant.