Banking, Finance and Consumer Credit

Our work covers five broad areas: banking/financial services, consumer credit, consumer protection, commercial debt recovery and asset finance.

Our members have built up a considerable reputation in the area of banking and financial services and regularly advise on and act in cases arising out of the Financial Services and Markets Act 2000 (FSMA).

We are one of the very few sets that are pre-eminent in consumer credit and are experts on the application of FSMA, the Consumer Credit Act 1974 and CONC. We have a large, highly-experienced team which is regularly involved in consumer credit and banking work.

We have particular expertise in the various challenges that consumers make to the enforceability of regulated credit and hire agreements, having regularly acted for a number of the largest banks and finance houses in group actions.

We also have a wealth of experience in the wide variety of disputes that arise in relation to unregulated finance agreements (whether loans, hire purchase, hire or other structured finance) and complex financial instruments. We have huge experience in the law governing equipment leasing – whether the finance is provided by a hire or hire-purchase agreement, credit or conditional sale arrangement, or whether secured or unsecured.

We are well-used to dealing with the many issues that may arise from such contractual relationships – such as issues of title, quality, delivery, carriage, insurance and reinsurance. We regularly act in commercial litigation stemming from such asset finance arrangements, and we have a particular reputation for our expertise in cases involving defective goods.

Our specialist knowledge of these areas provides a good base for our general debt recovery work.

As well as being litigators, we have a hard-won reputation for our non-contentious work in this area. We advise on all aspects of consumer credit compliance, whether FCA authorisation, financial promotion, paperwork or procedures. We regularly draft credit agreements and their related financial instruments. We advise industry bodies in their dealings with regulators.

Our clients include banks, trade associations, insurance companies, FTSE 100/250 companies, government departments and agencies, local authorities, nongovernmental organisations, professional bodies, consumer groups and private individuals in a wide variety of matters.

Members of the group are the authors or editors of the leading text-books in the field, including the Encyclopaedia of Banking Law; Goode: Consumer Credit Law & Practice; The Blackstone’s Guide to the Consumer Credit Act 2006; Rosenthal’s Consumer Credit Law and Practice; Butterworths Commercial and Consumer Law Handbook (2015); and the consumer credit volume of Halsbury’s Laws of England.

We are also authors of the relevant precedents in Butterworths Encyclopaedia of Forms & Precedents, Bullen & Leake & Jacob’s Precedents of Pleadings, and Butterworths Civil Court Precedents.

 

Toby Riley-Smith talks about “The FCA’s Investigatory Powers”
Paul Skinner talks about “Supreme Unfairness – Lessons from Plevin”
Nazeer Chowdhury talks about “High Cost Short Term Credit: A brief guide to the area”
Henry Warwick talks about “Banking Reform: The New Senior Managers’ Regime”

How to instruct us