The Appellant, the debtor, took out a loan from the Respondent, the petitioning creditor. The loan was for £200,000 with annual interest of 20%. The loan was secured over a property owned by the Appellant.
The Appellant was compelled to enter into the agreement by her ex-partner (a third party) and had been subject to abusive and controlling behaviour throughout her relationship.
The Appellant failed to repay the loan and the Respondent obtained judgment for £390,357.13 plus an order for possession. The property was then sold for £266,009, which was enough to repay the capital sum, but not the outstanding interest. The Respondent presented a bankruptcy petition in respect of the remaining debt.
On appeal, HHJ Williams (sitting as a Judge of the High Court) held that the Judge below had erred in finding that the Consumer Credit Act 1974 did not apply to the agreement, the relationship between the Appellant and the Respondent was unfair under s.140A of the 1974 Act, and – despite the petition being based on a judgment debt – it would be unjust in this case to make a bankruptcy order.
Alexander Bradford acted for the Appellant. The Respondent was represented by leading counsel.
The Appellant, Natalie Maher, said: “I am deeply grateful to Alex for his exceptional representation in what was, for me and my children a harrowing matter of profound personal significance. This case was never simply about a debt. It concerned circumstances the High Court found to be disproportionate and unjust. Alex identified a precise and important point of law which had been overlooked, argued it with clarity and skill, and secured an outcome grounded in fairness and proportionality. His attention to detail was meticulous, his manner throughout was kind, calm and reassuring and his commitment to the case was evident at every stage. I could not have faced this without him.”
Alexander was instructed by Louis Stelling of Coleridge Law Ltd.
The judgment is available on the National Archives: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2026/1337
