FCA confirms new overdraft requirements

09 June

On 7 June 2019, the FCA published Policy Statement 19/16 confirming that it is introducing reforms to the overdraft market with the aim of making overdrafts simpler, fairer and easier to manage. The reforms include: Stopping banks and building societies from charging higher prices for unarranged overdrafts than for arranged overdrafts. Banning fixed fees for […]


FCA to introduce new rules for P2P platforms

05 June

On 4 June 2019, the FCA confirmed that it is introducing new rules for peer-to-peer platforms. The new rules are intended to protect consumers without stifling innovation in the sector. The new rules include: A limit on investments for retail customers new to the P2P sector of 10% of available assets; More explicit requirements to […]


May’s PLC Column: Enforcement Following Death of Borrower

03 June

In the May’s Practical Law Regulated Lending Column, Thomas Samuels considers the issues that may arise following the death of the borrower, or hirer, during the term of a regulated consumer credit, or hire, agreement in relation to section 86 of the Consumer Credit Act 1974 (CCA). The column can be read here.


100th Edition of Trading Law Bulletin

31 May

The latest edition of Gough Square’s Trading Law Bulletin is the hundredth edition. Our Trading Law Bulletin is a free quarterly digest of relevant cases and developments in the area of consumer and regulatory law. It is available here and Chambers thanks Fred Philpott for summarising his knowledge of the latest developments over the years.


Broker Secret Commission Case

20 May

The High Court has refused the borrower permission to appeal in Scott v Commercial First Business Ltd (unrep, Southend county court, Recorder Marsden, 28th March 2018). Julian Gun Cuninghame acted for the borrower at trial. This was a broker secret commission case where the borrower had not herself paid any broker fee. The Recorder had […]


Defrauders of Merchant Service Providers Sentenced to Prison

17 May

On 9 May 2019, His Honour Judge Bayliss QC sentenced two defendants, Saleem Arif and Kewal Banga, to 4 years 6 months and 2 years 11 months respectively for their part in a sophisticated fraud. Saleem Arif was found guilty of one count of fraudulent trading and one count of money laundering following a three […]


Dinner for Claire Andrews

07 May

On 3 May 2019, Gough Square Chambers hosted a dinner at the Reform Club to celebrate Claire Andrews’ 13 years as Head of Chambers. Claire led Chambers with distinction during a period of significant change for both the profession and Chambers. Claire’s leadership will be missed but she will remain an active and integral member […]


Merricks v Mastercard Inc

17 April

Yesterday the Court Appeal handed down the latest judgment in an ongoing claim that seeks up to £14bn in damages and interest for UK consumers: Merricks v Mastercard Inc [2019] EWCA Civ 674. The claim relates to certain fees charged by MasterCard prior to July 2008 whenever a customer used their card to make a […]


‘Pontearso’ Decision on Bridging Loan Interest Rate

11 April

Nugee J has handed down judgment in Greenlands Trading Ltd v Pontearso [2019] EWHC 278 (Ch), on appeal from the decision of HHJ Wulwik that a relationship between a lender and a borrower was not unfair under s 140A of the Consumer Credit Act 1974 . Points that arose were whether a default rate of […]


Prison sentence for door-to-door fish salesman

11 April

Having been convicted of the consumer protection offence of contravening professional diligence, Peter Carroll, a door-to-door fish salesman, was sentenced on 5 April 2019 by HHJ Crowson at Teesside Crown Court to 12 months’ immediate imprisonment and a 7 year Criminal Behaviour Order preventing him from all unsolicited doorstep selling. The commercial practices of Carroll […]