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United Kingdom unfair relationshipgoing behind judgment

Maher v Holmes

[2026] EWHC 1337 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Business and Property Courts (Chancery / Insolvency and Companies List), Birmingham
Year2026
StatusBinding authority

Key Principle

A business-purpose loan that is exempt from many Consumer Credit Act 1974 provisions is nonetheless subject to the unfair relationship regime (ss.140A-140C), and a bankruptcy court should decline to enforce an otherwise valid judgment debt through bankruptcy where the underlying credit relationship was unfair and enforcement would be disproportionate and unjust.

Area of Law

General

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