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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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