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Mobility Furniture Fraudulent Trading Prosecution

04 November

Director of mobility furniture business who misled vulnerable customers found guilty of fraudulent trading and consumer protection offences  Jonathan Goulding and Alison Hollis appeared for the prosecution, Suffolk Trading Standards, in a three week trial at Ipswich Crown Court which concluded on 31st October 2019 with convictions on all of the 16 counts faced by the […]

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October’s PLC column: burden of proof in Unfair Relationship claims

01 November

In Augusts column, Thomas Samuels considers the burden of proof in Unfair Relationship claims following the case of Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch). The column can be read here.

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FCA Consults on Banning Discretionary Commission Models

15 October

The FCA has just issued Consultation Paper CP 19/28 headed ‘Motor Finance discretionary commission models and consumer credit commission disclosure’. The FCA’s review last year found widespread use of commission models that link brokers’ commission to the interest rate in the credit agreement and grant brokers wide discretion to set or adjust that rate (‘discretionary […]

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Gough Square Retains No 1 Spot in Directories

15 October

Gough Square Chambers has retained its dominant position in the field of ‘Consumer Law’ in Chambers & Partners’ 2020 Directory. It remains the only set featured in Band 1 for this area. The Directory’s own review says, “The leader in its field,” Gough Square Chambers is the definitive consumer law set … the chambers continues to […]

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‘Promontoria v Samra’: High Court Unfair Relationship case

11 September

HHJ Cooke, sitting as a High Court judge, has handed down judgment in Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch). Thomas Samuels represented the claimant debt purchaser. This was the consolidated trial of two claims for possession of commercial properties provided by the defendant, Mr Samra, as security for business overdraft facilities. Mr […]

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August’s PLC Column: Interest Rate Variation Clauses

04 September

In August’s Practical Law Regulated Lending Column, Ruth Bala considers the fairness of interest rate variation clauses following the FCA’s recent Guidance. The column may be read here.

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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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