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Civil way: 23 January 2015

23 January 2015
Issue: 7637 / Categories: Features , Civil way , Procedure & practice
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Regulated unregulated credit, cross-border harassment & CPR latest

NOT AS IT SEEMS

Prior to 6 April 2008 consumer credit agreements for more than £25,000 were not regulated by the Consumer Credit Act 1974 (CCA 1974). For nine years before then, Northern Rock had a product which allowed borrowers to take out an unsecured loan as an adjunct to their mortgage under which interest was charged at the mortgage rate. However, Northern Rock used the same paperwork for these over £25,000 loans as they did for the £25,000 and under loans (as did certain other lenders). Not only the loan agreement itself but the pre-contractual and other contractual documentation repeatedly informed borrowers that the loan was regulated and that they would benefit from the rights available under CCA 1974.

The failure to distinguish between what was regulated and what was intended by the Northern Rock to be unregulated has presented headaches which a bucketful of aspirin would fail to mitigate for the state-owned Northern Rock successor company. They arise because it was discovered that the

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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