header-logo header-logo

05 February 2010 / Rodney Gardner
Issue: 7403 / Categories: Opinion , Public
printer mail-detail

The floodgates close

The High Court handed down a series of judgments at the tail end of last year relating to various issues affecting the enforceability of consumer credit loans

The High Court handed down a series of judgments at the tail end of last year relating to various issues affecting the enforceability of consumer credit loans (see Carey v HSBC Bank plc and other cases [2009] EWHC 3417 (QB), [2010] All ER (D) 05 (Feb)). The issues falling for determination were preliminary matters of law concerning requests for copies of credit card agreements pursuant to s 78 of the Consumer Credit Act 1974 (CCA 1974). The judgment, however, is equally appropriate for requests pursuant to s 77 of the Act (Fixed Sum Loan Agreements) and s 79 of the Act (Hire Agreements).

Judge Waksman QC, sitting as a High Court judge, has done a great service in identifying the issues and in giving rulings and guidance, which in my view at least, are unimpeachable. My understanding is that the several claimants, all being consumers seeking to challenge

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll