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Hendersons - Barristers' Chambers

Dennis Rosenthal

"Has an encyclopaedic knowledge of consumer credit law and is an exceptionally able draftsman. Pragmatic in his approach and quick in his responses, which is an exceptional combination."

Legal 500 2019


Call
2009 (Solicitor: 1977-2009)

Dennis Rosenthal is consistently recognised in the Legal Directories for his expertise in Consumer Law; Banking and Finance including Consumer Credit and Financial Services.

Dennis is listed in the 2018 Edition of “Best Lawyers International in the United Kingdom” in the practice area of Asset Finance Law.

Consumer credit; consumer law; retail banking and finance; asset finance and security; standard form and discrete credit, credit card, hire, mortgage and bridging loan agreements and issues; security documentation; title retention; exempt agreements; dealer documentation; sale and purchase of receivables; marketing and promotions. Payment Services Regulations. Commercial contracts and discrete contractual provisions. Unfair contract terms. Financial Services including FCA Handbook, CONC, MCOB etc, FCA authorisation, operations and procedures. Interest rate swops and PPI claims. Client identification procedures, anti-money laundering, fraud prevention and data protection. Due diligence of agreement portfolios. Compliance. Advisor to the Law Commission on the bills of sale/goods mortgages project.

 

Expertise


Consumer Credit & Asset Finance

Advising on the whole range of matters arising under, and in relation to: CCA 1974; FSMA and Regulated Activities Order; FCA, including Handbook: CONC, MCOB, PERG etc., Compliance; Mortgage Credit Directive and MCD Order.

Drafting, and advising on, all types of standard form and bespoke credit agreements, hire agreements, credit card agreements, mortgages, bridging loans, guarantees, security documentation including bills of sale, associated documents, discrete contractual provisions and facilities; unfair relationships and unfair contract terms; exemptions; systems, practice and procedure.

Advising on, and settling, marketing and promotional materials and procedures; account statements, notices and debt collection procedures.

Conducting due diligence in relation to portfolios of credit agreements, mortgages and related documents.

Dennis is listed in the 2018 Edition of “Best Lawyers International in the United Kingdom” in the practice area of Asset Finance Law.

Instructions Include

  • Advising credit card services company on its payments services and processing systems and compliance with accounting requirements.
  • Advising bank on enforceability of security and consequences of breaches of MCOB.
  • Advising bridging finance company on avoidance of collective investment scheme and on unregulated mortgage agreements.
  • Advising lenders on qualification and exemption of loan agreements for borrowers’ business purposes.
  • Drafting finance agreements for motor vehicles, mobile equipment, electrical goods, insurance premiums etc.
  • Advising on FCA authorisation.

Banking

Advising banks, building societies and institutions on credit products and savings products.

Drafting and advising on standard terms and conditions; overdraft and exempt agreements; standard banking agreements and related documents; agreements for loan facilities; credit card and pre-paid card agreements and systems; mortgages, guarantees and security documents; advising on interest-rate swap issues; advising on Payment Services Regulations.

Dennis is listed as a leading individual in Banking and Finance in the Legal 500 2017.

Asset Finance & Leasing

Dennis is listed in the 2018 Edition of “Best Lawyers International in the United Kingdom” in the practice area of Asset Finance Law.

Drafting and advising on leasing agreements, both regulated and unregulated, including trans-border leasing, with respect to a range of assets, including office equipment, industrial catering and laundering equipment, motor vehicles, motor homes and music instruments. Advisor to the Consumer Credit Trade Association. Advisor to the Law Commission on the bills of sale/goods mortgages project.

Commercial Law & Consumer Law

Drafting and advising on a range of commercial agreements, including asset sale and purchase agreements, assignments of mortgages, sale of goods, supply of services, agency and distribution agreements, dealership agreements, retail distribution agreements, partnership agreements, joint ventures, service contracts, factoring agreements and standard terms and conditions of trading; codes of practice.

Advising on retention of title clauses, restrictive covenants, termination provisions and interpretation of contracts generally.

Advising on consumer law, consumer protection law, unfair contract terms, Consumer Rights Act 2015. Unfair Contract Terms Act 1977, Consumer Protection from Unfair Trading Regulations 2008, Cancellation of Contracts made in a Consumer’s Home or place of Work etc. Regulations 2008, Financial Services (Distance Marketing) Regulations 2004, Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 etc. Advisor to the Consumer Credit Trade Association. Advisor to the Law Commission on the bills of sale/goods mortgages project.

Financial Services

Advising on the Financial Services and Markets Act 2000 (FSMA); the Financial Services and Markets Act 2000 (Regulated Activities Order) 2001, (RAO); the FCA Handbook and various sourcebooks, including CONC, BCOBS, MCOB, PERG; FCA authorisation, permission and appointed representatives; systems and procedures.

Drafting a range of agreements and documentation.

Data Protection & Fraud Prevention

Advising on data protection, fraud prevention and anti-money laundering rules, regulations and procedures. Founding advisor to CIFAS and draftsman of CIFAS rules.

Company Law

Advising on various company law matters, including shareholder and minority shareholder disputes, security interests, priority issues, and claims upon insolvency, directors and shareholders rights and responsibilities.

 

What the directories say


"Nobody can touch Dennis in technical knowledge on consumer credit. Very contactable - his accessibility is second to none. He does everything he can to help."
Chambers UK 2018

"His main strength is his breadth of knowledge of Consumer Credit La, and his ability to apply the law in commercial situations."
Chambers UK 2017

"An extremely good communicator with a very in-depth knowledge of the subject."
Legal 500 2016

"He is so sharp. He knows his stuff and is totally brilliant."
Chambers UK 2015

"His advice is thorough, user-friendly and is invariably produced within the deadline promised."
Chambers UK 2014

Instructing Dennis Rosenthal

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Called to the Bar (2009, Grays Inn)
  • Solicitor of the Supreme Court of Judicature, England (1977 to 2009)
  • Attorney of the Supreme Court of South Africa
  • International Advisory Panel on Consumer Credit Law Reform in South Africa
Publications
Memberships
  • COMBAR
  • Gray’s Inn
  • FSLA
Education
  • BA LLB (Witwatersrand)
  • BA Hons (University of South Africa)
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 56295

VAT Registration Number: 982544882

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

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