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Proceed with caution

14 May 2009
Issue: 7369 / Categories: Legal News , Public , Commercial
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Consumer credit

Up to 100,000 claims for the cancellation of credit card and other debt have been stayed pending a test case.

Many of the claims have been generated through adverts by claims-handling firms, who argue debts can be written off where credit agreements are not compliant with the Consumer Credit Act 1974.

However, Judge Derek Halbert indicated last week that a few claims would be selected as test cases for consideration of the commercial court, and all other claims stayed.

Daniella Lipszyc, a solicitor who specialises in financial irregularity cases at Ultimate Law, says it was “inappropriate and misleading for any company to promise to write off balances in light of this judicial move”. She urges lawyers to steer clear of credit enforceability claims, saying they would be unlikely to win or receive costs: “While many claims management companies believe this area is lucrative and ‘sexy’, I’ve always had extremely grave reservations about entering into this sector and have always advised any solicitor who is considering a move into this market to do so with extreme caution.”

Issue: 7369 / Categories: Legal News , Public , Commercial
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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
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As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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