David and Barbara Abbott & Ors v. RCI Europe [2016] EWHC 2602 (Ch)
On 20 October 2016, Mrs Justice Proudman gave judgment dismissing all claims brought by four test Claimants against RCI Europe. The test Claimants (who are part of a group of 487 claimants) are all former or current members of RCI, which is one of the World’s leading timeshare exchange programmes.
The Claimants alleged that (1) RCI had misrepresented the nature of its exchange programme to consumers; (2) RCI’s contractual terms were unfair (principally under the Unfair Terms in Consumer Contracts Regulations 1999); and (3) RCI was a fiduciary for members, and had breached those fiduciary duties.
Following trial, each claim was rejected by the Court, for the reasons given in a Judgment available here.
Charles Graham QC and Nicholas Sloboda appeared for RCI Europe, instructed by Herbert Smith Freehills (John Ogilvie and Nick Peacock)