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16 January 2015
Issue: 7636 / Categories: Case law , Law digest , In Court
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Consumer credit

NRAM plc v McAdam and another [2014] EWHC 4174 (Comm), [2014] All ER (D) 125 (Dec)

The claimant was the successor company to which Northern Rock Building Society transferred its business in 1997. It brought a claim against the defendant borrowers seeking declarations, among other things that the rights and remedies available under the Consumer Credit Act 1974, or protections equivalent to such rights and remedies, had not been imported into unregulated agreements, notwithstanding that they fell outside the statutory scheme and that it had not breached of its obligations under the agreements. The Chancery Division ruled that the rights and remedies in relation to s 77A had been imported into the agreement and that the claimant was in breach of its obligations under the agreements by issuing the defendants with statements which did not comply with s 77A and by not repaying or re-crediting to the defendants interest or default sums paid by them during the alleged period of non-compliance and by virtue of its failure to indemnify the defendants in respect of its breach of

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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