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‘R (Hudson) v Liverpool CC’: restructure of consumer protection services

06 October

A hearing in the matter of R (on the application of Stephanie Hudson) v Liverpool City Council was listed on 26th September 2016 before HHJ Pelling QC, in the High Court, Queen’s Bench Division, sitting in Manchester. Stephanie Hudson brought contempt proceedings against Liverpool City Council (‘LCC’) on the basis that it had failed to […]


EBA publishes final report and guidelines on remuneration in retail banking

29 September

On 28 September 2016, the European Banking Authority (“EBA”) published its Final Report and Guidelines on “remuneration policies and practices related to the sale and provision of retail banking products and services”. The EBA had previously issued draft guidelines which were the subject of consultation between December 2015 and March 2016. The EBA received 27 […]


‘O’Hare v Coutts’: Investment Mis-selling

26 September

On 9th September the High Court handed down judgment in O’Hare & O’Hare v Coutts & Co [2016] EWHC 2224 (QB). The claim related primarily to five investments made by the O’Hares on the advice of Coutts & Co in 2007, 2008 and 2010 (‘the Investments’), each of which was said to be unsuitable for the O’Hares’ […]


‘Newmafruit’: Carrying on By Way of Business

26 September

On 9th September, the High Court handed down judgment in Newmafruit Farms Ltd v Pither [2016] EWHC 2205 (QB). The lender, a family-owned fruit farming business (“Newmafruit”), sought summary judgment on a series of loans advanced to a builder. Some of the loans were ‘regulated credit agreements’ and the borrower claimed that these were unenforceable, as […]


Multi-billion pound claim issued against MasterCard

12 September

A claim seeking up to £19bn in damages for UK consumers has been issued against MasterCard using the collective proceedings regime introduced by the Consumer Rights Act 2015 (which amended the Competition Act 1998). The Claim is being led by ex-chief ombudsman of the Financial Ombudsman Service Walter Merricks and relates to certain fees charged […]


Supreme Court judgment in ‘Patel v Mirza’: illegality and restitution

20 August

The Supreme Court has handed down judgment in Patel v Mirza [2016] UKSC 42. The lead judgment was by Lord Toulson JSC. Full judgment text available here. The case involved the use of a spread-betting account to speculate on price movements of Royal Bank of Scotland Plc (“RBS”) shares. The account holder (the appellant) intended to use […]


Mortgage Express v Countrywide judgment

01 August

At the end of July, the High Court handed down judgment in Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch). The Court had previously found that the defendant surveyors were liable in deceit to the mortgagee, for providing inflated valuation figures on which the mortgagee had made 39 loan advances. None of these loans would […]


Judgment in ‘Travis v Welcome’

21 July

Recorder Elleray QC has handed down a reserved judgment in the Manchester county court in the case of Travis v Welcome Financial Services Ltd. The lender was represented by Simon Popplewell of Gough Square. The ‘Other Financial Information’ on the face of the credit agreement included a statement of the manner in which interest would be […]


New Regulation on Food for Specific Groups begins to apply today

20 July

The new Regulation (EU) No 609/2013 of the European Parliament and the Council begins to apply today (although sell-through is permitted). It sets general compositional and labelling requirements, which aim to protect vulnerable groups such as infants and children up to 3 years of age, overweight or obese people and people with specific medical conditions. […]


High Court judgment in ‘John-Phillips v Moneylink’

19 July

The High Court yesterday handed down judgment in John-Phillips v Moneylink Finance Ltd (unrep, ChDiv, 18th July 2016). Moneylink had entered a credit agreement while unlicensed to lend. It had signed the credit agreement as purported agent of another company which was licensed, but the agency agreement had been found in an earlier case to be invalid. […]