The High Court (Queen’s Bench Division) has handed down judgment in Choi v Park & Park [2019] EWHC 3191 (QB). Robin Kingham represented the claimant in a four-day trial before Margaret Obi (sitting as a Deputy High Court Judge). The claim arose out of an agreement between the parties to assign a lease of commercial […]

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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 […]

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.

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 […]

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 […]

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 […]

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.

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”

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 […]