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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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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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