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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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