Julia has the benefit of many years’ experience, working with in-house legal counsel and with external solicitors in drafting documentation for regulated consumer credit agreements, unregulated lending, both secured and unsecured, and all types of asset finance.  She has also assisted in the development of schemes to finance litigation, medico-legal expenses, employee car ownership, employee share ownership, and a range of investments.

She advises and represents clients in relation to compliance, licensing and enforcement issues arising under consumer credit legislation and under the Financial Services and Markets Act 2000, and in relation to the redemption and realisation of mortgages, equitable charges and other security.

She has been involved as an advocate in consumer credit litigation, throughout the time order, section 75 timeshare and credit hire litigation of the 1990s, the section 75 four-party arrangement and overseas transaction litigation which followed, and the more recent test cases on issues arising from improper execution, non-compliance with the requirements to provide copy agreements, and the unfair relationship provisions.

She also has extensive experience in mortgage-related and other banking and finance litigation, including cases involving undue influence, fraud, misrepresentation, and liability for defective goods let on hire-purchase or finance lease.

She recently acted in High Court litigation between a merchant acquirer and a merchant arising from allegedly fraudulent card payments.

Representative Cases

• Sternlight v Barclays Bank plc [2010] EWHC 1865 (QB) – (test cases on whether mismatch in credit card agreement between stated APR and stated interest rate renders interest rate inaccurate and agreement unenforceable under the CCA – conducted the lead advocacy for the banks)
• Adris v The Royal Bank of Scotland plc [2010] EWHC 941 (QB), [2010] 160 NLJ 767 – (non-party costs orders against claimants’ solicitors and a claims management company - conducted the lead advocacy for the banks)
• Carey v HSBC Bank plc, [2009] EWHC 3417 (QB), [2010] Bus.L.R. 1142 – test cases on the true copy requirements, unfair relationships and the burden of proving improper execution under the CCA (junior for RBS for the trial and sole counsel on RBS’ successful application for the only costs orders made in favour of the banks on the preliminary issues)
• McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm), [2010] 1 All E R 634 – test case on whether banks may report unenforceable debts to credit reference agencies (junior for RBS and sole counsel for RBS in the successful application for a non-party costs order against the claimant’s solicitors)
• 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 (sole counsel for the wife in the professional negligence claim)
  

Julia advises and acts for businesses and regulators in relation to issues arising under consumer protection legislation, including the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection from Unfair Trading Regulations 2008, the Data Protection Act 1998, the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010, the Consumer Protection (Distance Selling) Regulations 2000, the Financial Services (Distance Marketing) Regulations 2004, and the Package Travel, Package Holidays and Package Tours Regulations 1992.

She is experienced in drafting and reviewing consumer contracts, as well as advising corporate clients on consumer-facing practices and procedures.

• Office of Fair Trading v Ashbourne Management Services Limited [2011] EWHC 1237 (Ch); [2011] All E R (D) 276 (May) (action under Part 8 of the Enterprise Act 2002 to restrain unfair commercial practices and the use of unfair contract terms – sole counsel for the OFT)

Julia is familiar with the analysis and construction of complex commercial contracts and arrangements. She is experienced in reviewing as well as drafting documentation for transactions between commercial entities.  She has assisted in the development of schemes to finance litigation, medico-legal expenses, employee car ownership, employee share ownership, and a range of investments.

Her experience in commercial litigation includes acting in claims arising from the fraudulent introduction of business to financial institutions and in multi-party disputes arising from business equipment finance.  She recently acted in High Court litigation between a merchant acquirer and a merchant arising from allegedly fraudulent card payments.

Examples of her advisory work include advising on the remedies available and liabilities arising when bondholders put back portfolios of asset-backed securities and advising on the respective rights and liabilities of the commercial parties involved in the promotion of mobile airtime and other contracts through associated offers, including the supply of electronic products. 

Representative Cases

• McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm), [2010] 1 All E R 634  (test case on whether banks may report unenforceable debts to credit reference agencies  - junior for RBS for the substantive trial and sole counsel for RBS in the successful application for a non-party costs order against the claimant’s solicitors)

• Office of Fair Trading v Ashbourne Management Services Limited [2011] EWHC 1237 (Ch), [2011] All E R (D) 276 (May) (action under Part 8 of the Enterprise Act 2002 to restrain unfair commercial practices and the use of unfair contract terms – sole counsel for the OFT)
• Sternlight v Barclays Bank plc [2010] EWHC 1865 (QB) (test case on whether mismatch in credit card agreement between stated APR and stated interest rate renders interest rate inaccurate and agreement unenforceable under the CCA – conducted the lead advocacy for the banks) 
• Adris v The Royal Bank of Scotland plc [2010] EWHC 941 (QB), [2010] 160 NLJ 767 (non-party costs orders against claimants’ solicitors and a claims management company - conducted the lead advocacy for the banks)
• Carey v HSBC Bank plc, [2009] EWHC 3417 (QB), [2010] Bus.L.R. 1142  (test cases on the true copy requirements, unfair relationships and the burden of proving improper execution under the CCA  - (junior for RBS for the trial and sole counsel on RBS’ successful application for the only costs orders made in favour of the banks on the preliminary issues)
• McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm), [2010] 1 All E R 634 – test case on whether banks may report unenforceable debts to credit reference agencies (junior for RBS  for the substantive trial and sole counsel for RBS in the successful application for a non-party costs order against the claimant’s solicitors)
• Abbey National Bank Plc v Stringer [2006] EWCA Civ 338, CA – whether express agreement for property to be held on trust for the sole benefit of one of two registered proprietors could be inferred (sole counsel for the bank)
• Office of Fair Trading v Lloyds TSB and others [2004] EWHC 2600 (Comm); [2005] 1 All E R 843 – whether arrangements between card issuers, card networks, merchant acquirers and suppliers are “arrangements” for the purposes of section 12(b) of the CCA and whether section 75 applied in respect of overseas transactions (junior counsel for the OFT)
• Thew v Cole [2003] EWCA Civ 1828, [2004] RTR 25, CA – whether credit hire agreement was exempt and so not a regulated credit agreement for the purposes of the CCA (sole counsel for the claimant)
• Farrell v Sandwell MBC, [2001] EWCA Civ 1107, [2002] RVR 11 - level of compensation payable to mortgagee for the compulsory purchase of property (sole counsel for the bank)
• 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 (sole counsel for the wife in the professional negligence claim)