Key Facts
- •Mrs. Cooper's husband used a Halifax Mastercard to pay a deposit for a package holiday, which included Mrs. Cooper.
- •Mrs. Cooper was injured on holiday and sued the travel company.
- •The travel company went into liquidation.
- •Mrs. Cooper sought to add Halifax to the proceedings under section 75 of the Consumer Credit Act 1974 (CCA 1974).
- •The lower courts held Mrs. Cooper was not a "debtor" under the CCA 1974 and thus could not claim under section 75.
Legal Principles
Interpretation of "debtor" in section 75 of the CCA 1974.
Consumer Credit Act 1974, section 75 and section 189
Privity of contract.
Common law
Marleasing principle: Domestic law must be interpreted harmoniously with EU law.
Marleasing SA v LA Comercial Internacional de Alimentacion SA (1990) C-106/89
Consistent interpretation of statutory language.
Bennion, Bailey and Norbury on Statutory Interpretation (7th Edition)
Definition of "credit" under CCA 1974.
Consumer Credit Act 1974, section 9
Liability under Package Travel Regulations 1992.
Package Travel, Package Holidays and Package Tours Regulations 1992, Regulation 15 and Regulation 2(2)
Outcomes
Appeal dismissed.
"Debtor" in section 75 of the CCA 1974 means the contractual debtor, not a third-party beneficiary. Mrs. Cooper, not being a party to the credit agreement, lacked standing to claim under section 75. The Marleasing principle did not apply as the CCA 1974 is not implementing EU law, and the Directive's aims do not conflict with the interpretation of the CCA 1974.