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29 April 2010 / Paul Heeley
Issue: 7415 / Categories: Features , Procedure & practice
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Time to wipe the slate clean?

Has the Supreme Court closed the s 18 door? asks Paul Heeley

When is an unregulated agreement not an unregulated agreement? Answer: when it is really a number of smaller (regulated) agreements rolled into one. And so says s 18 of the Consumer Credit Act 1974 (‘the Act’) which concerns Multiple Agreements. But while this is no new principle of consumer credit, lenders made aware by their advisers of the recent potentially cataclysmic Heath consumer credit case can relax now that the Supreme Court has refused permission to appeal to a borrower who sought to avoid her loan by arguing that one of the most common types of credit arrangement, a re-mortgage, was in fact a Multiple Agreement. Why the relief? Well, had the Court of Appeal’s decision been overturned it is anyone’s guess how many lenders would have suffered a major financial loss overnight.

The 1974 Act has had its fair share of criticism over the years for its drafting. Thirty-five years after receiving Royal Assent it is quite astonishing that

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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