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Consumer credit – Agreement. The claimant was the successor company to which Northern Rock Building Society transferred its business in 1997. It brought a claim against the defendant borrowers seeking declarations, among other things that the rights and remedies available under the Consumer Credit Act 1974 Act, or protections equivalent to such rights and remedies, had not been imported into unregulated agreements, notwithstanding that they fell outside the statutory scheme and that it had not breached of its obligations under the agreements. The Chancery Division ruled that the rights and remedies in relation to s 77A had been imported into the agreement and that the claimant was in breach of its obligations under the agreements by issuing the defendants with statements which did not comply with s 77A and by not repaying or re-crediting to the defendants interest or default sums paid by them during the alleged period of non-compliance and by virtue of its failure to indemnify the defendants in respect of its breach of s 77A.
Consumer credit – Agreement. The claimant was the successor company to which Northern Rock Building Society transferred its business in 1997. It brought a claim against the defendant borrowers seeking declarations, among other things that the rights and remedies available under the Consumer Credit Act 1974 Act, or protections equivalent to such rights and remedies, had not been imported into unregulated agreements, notwithstanding that they fell outside the statutory scheme and that it had not breached of its obligations under the agreements. The Chancery Division ruled that the rights and remedies in relation to s 77A had been imported into the agreement and that the claimant was in breach of its obligations under the agreements by issuing the defendants with statements which did not comply with s 77A and by not repaying or re-crediting to the defendants interest or default sums paid by them during the alleged period of non-compliance and by virtue of its failure to indemnify the defendants in respect of its breach of s 77A.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty