“…The primary issue is whether or not Clause 1 went to Mr Davies’ contractual performance. In this regard, we were referred to Paragon Finance PLC v Nash[2001] EWCA Civ 1466; [2002] 1WLR 685. One of the issues in that case was whether a mortgagee’s right to charge a variable interest rate was subject to UCTA. This court said it was…”
“…One of the earlier cases, Paragon Finance plc v Nash [2001] EWCA Civ 1466, [2002] 1 WLR 685, related to a lender’s contractual power to set the interest rate applicable to a mortgage. Dyson LJ, with whom Thorpe LJ and Astill J agreed…”