July’s PLC column: the meaning of “credit”

13 August

In the July column, James Ross considers the meaning of credit in the context of recent case law The column can be read here: the meaning of “credit”

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CA Decision re New Points on Appeal

25 July

Court of Appeal Clarifies When a New Point May Be Taken on Appeal Summary On 25 July 2019 the Court of Appeal handed down judgment in Notting Hill Finance Limited v Sheikh [2019] EWCA Civ 1337 (judgment available here: Notting Hill v Sheikh). The case provided important guidance on the principles to be applied when […]

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Fraudulent Trading Prosecution

04 July

Suffolk County Council’s prosecution of rogue trader Mark Everett was recently concluded after a confiscation order was made against him under the Proceeds of Crime Act 2002. Mr Everett had previously pleaded guilty to a single charge of fraudulent trading, contrary to s.9 of the Fraud Act 2006 in the context of his trade as […]

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Pair sentenced to prison in relation to fake nutrition courses

02 July

Katie Hope was sentenced to 2 years’ imprisonment and Scott Wolfe to 4 years’ imprisonment for offences of fraudulent trading, forgery and money laundering. The Defendants, through their firm “International Distance College”, had duped over 900 people into paying for qualifications that did not exist. The Defendants had claimed that the courses they were offering […]

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June’s PLC column: section 75 developments and modern payment methods

28 June

In the June column, Lee Finch considers recent developments relating to section 75 of the Consumer Credit Act 1974 (CCA), which raise a number of questions regarding the scope and application of connected lender liability especially in relation to modern payment methods. The column can be read here: section 75 developments and modern payment methods

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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 […]

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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 […]

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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.

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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.

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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 […]

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