Julia Smith

Specialist practice areas: banking and finance and consumer law, including consumer credit, mortgages, sale and supply of goods, unfair contract terms and unfair commercial practices. Cases include: Office of Fair Trading v Ashbourne Management Services Limited [EWHC] 1237 (Ch), [2011] All E R (D) 276 (May) – unfair terms and unfair commercial practices in relation to gym membership agreements. 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; Adris v The Royal Bank of Scotland plc [2010] EWHC 941 (QB), [2010] 4 Costs LR 598 – non-party costs orders against claimants’ solicitors and a claims management company; Carey v HSBC Bank plc, [2009] EWHC 3417 (QB), [2010] BusLR 1142 – test cases on the true copy requirements, unfair relationships and the burden of proving improper execution under the CCA; 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; 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; 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; 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; Farrell v Sandwell MBC, [2001] EWCA Civ 1107, [2002] RVR 11 – level of compensation payable for the compulsory purchase of property; Royal Bank of Scotland plc v Etridge (No2) [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 CCA 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.