Jarrett and another v Barclays Bank Plc and another; Jones and another v First National Bank Plc; Peacock and another v First National Bank Plc.
Jarrett and another v Barclays Bank Plc and another; Jones and another v First National Bank Plc; Peacock and another v First National Bank Plc.
- 1997
- Weekly Law Reports [1997] 3 WLR 654-666(13) .
CA 31 October 1996. The plaintiffs (P) entered agreements to buy timeshare properties abroad using finance provided by the defendant banks. P claimed the vendors guilty of misrepresentation and breach of contract and commenced action against the banks. Banks applied to strike out actions on ground that proceedings had as their object tenancies of immovable property and therefore foreign courts had exclusive jurisdiction. In the first two actions the claims were struck out, but in the third the application to strike out was refused. Held, the P appeals in the first two actions were allowed, and the bank`s appeal in the third action was dismissed.
BANKS
CONSUMER CREDIT ACT 1974
FINANCE
IMMOVABLE PROPERTY
MISREPRESENTATION
TIMESHARE PROPERTY
CA 31 October 1996. The plaintiffs (P) entered agreements to buy timeshare properties abroad using finance provided by the defendant banks. P claimed the vendors guilty of misrepresentation and breach of contract and commenced action against the banks. Banks applied to strike out actions on ground that proceedings had as their object tenancies of immovable property and therefore foreign courts had exclusive jurisdiction. In the first two actions the claims were struck out, but in the third the application to strike out was refused. Held, the P appeals in the first two actions were allowed, and the bank`s appeal in the third action was dismissed.
BANKS
CONSUMER CREDIT ACT 1974
FINANCE
IMMOVABLE PROPERTY
MISREPRESENTATION
TIMESHARE PROPERTY