Talk from the TSI conference in Edinburgh

Gough Square again take a Stand at TSI conference in Edinburgh 15th - 17th June - Geraint Howells gives a talk on the Reform of Consumer Contract Law. View PowerPoint presentation.

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Members of Chambers

Julia Smith

Called Inner Temple (1988)

LLB Liverpool University

julia.smith@goughsq.co.uk

Julia specialises in consumer law, in particular consumer credit and consumer hire, sale and supply contracts, and mortgages. She advises and acts for banks and other creditors, leasing companies, retailers, and regulators.
Reported cases:
Adris v The Royal Bank of Scotland plc [2010] EWHC 941 (QB), [2010] 160 NLJ 767 - non-party costs orders against claimants’ solicitors and claims management company
Carey v HSBC Bank plc, The Times 25 January 2010 - test cases on the true copy requirements under the CCA, unfair relationships and the burden of proving improper execution
McGuffick v The Royal Bank of Scotland plc [2010] 1 All E R 634 - test case on whether reporting a debt to a credit reference agency is enforcement for the purposes of the CCA
Abbey National Bank Plc v Stringer [2006] EWCA Civ 338, CA - express agreement for property to be held on trust for the sole benefit of one of two registered proprietors could be inferred
Office of Fair Trading v Lloyds TSB and others [2004] EWHC 2600 (Comm); [2005] 1 All E R 843 - arrangements between card issuers, card networks, merchant acquirers and suppliers are "arrangements" for the purposes of section 12(b) of the CCA
Thew v Cole [2003] EWCA Civ 1828, [2004] RTR 25, CA - credit hire agreement was exempt and therefore not a regulated credit agreement for the purposes of the CCA
Farrell v Sandwell MBC, CA [2002] RVR 11 - level of compensation payable for the compulsory purchase of property
Royal Bank of Scotland plc v Etridge (No.2) [2001] UKHL 44, [2002] 2 AC 773 - undue influence and extent of a solicitor’s duty when advising a third party provider of security
Jarrett v Royal Bank of Scotland Plc [1999] QB 1, CA - jurisdiction of UK courts to hear a claim under section 75 of the Consumer Credit Act 1974 where credit was provided to finance a timeshare in foreign property
First National Bank plc v Syed [1991] 2 All ER 250, CA - discretion to make a time-order under section 129 of the CCA
Julia is co-author of The Consumer Credit Act 2006: A Guide to The New Law (Law Society Publishing, 2006) and of The Law of Consumer Credit and Hire (Oxford University Press, 2009). She is also a contributor to Atkins Court Forms on Consumer Credit.

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