KA-2024-BRS-000027 - [2025] EWHC 2919 (KB)

Ms Baker is a qualified barrister and self-employed legal practitioner. She had obtained a commercial loan from Saxby Finance Ltd (‘Saxby’). It fell overdue for repayment. Saxby brought a County Court action for recovery of the debt, seeking a money order and possession of the property on which the loan was secured. The Judge found the parties to have been in an ‘unfair creditor/debtor relationship’ for the purposes of the Consumer Credit Act 1974, and exercised consequential powers to make a limited money order against Ms Baker for an amount substantially less than the outstanding debt claimed.

Ms Baker had brought a counterclaim against Saxby in data protection, alleging the disclosure of personal financial information to a third party. The Judge found in her favour, and awarded damages.

The Judge awarded Ms Baker 15% of her costs overall.

With the permission of the High Court, Saxby appeals (a) the Judge’s finding that the parties were in an unfair creditor/debtor relationship, (b) the quantum of the money order and (c) the costs order.

Ms Baker resists the appeal against the finding of an unfair relationship, and applies for permission to appeal (a) the quantum of the money order, (b) the quantum of the data protection damages award and (c) the costs order. I heard her application on a rolled-up basis at the hearing of Saxby’s appeal.

Civil Procedure Rule 52.21(3) provides that an appeal court will allow an appeal where the decision of the lower court was (a) wrong or (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court. ‘Wrong’ in this sense does not mean simply that the judgment can be or is disagreed with. It means the trial judge made a decision which was not properly open to him, for example because it proceeded from an analysis disclosing error of law or fact, amounted to a finding of fact not properly available on the evidence, was insufficiently reasoned, or involved an exercise of discretion outside the properly available range.