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17 March 2023 / Fred Philpott
Issue: 8017 / Categories: Features , EU , Brexit , Commercial , Financial services litigation
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Consumer credit: no sunset in sight?

With the revocation of remaining EU legislation on the horizon, Fred Philpott highlights the challenges & opportunities for consumer credit law
  • The Retained EU Law (Revocation and Reform) Bill, if it becomes an Act, will repeal, revoke or reform most of the EU retained law. But this does not apply to UK consumer credit law, a significant part of which is derived from EU legislation.

The Retained EU law (Revocation and Reform) Bill has been described by Professor Michael Zander KC as one of the worst pieces of legislation he can remember in 60 years of following the law-making process (‘Taking back control over retained EU law (Pt 2)’, 172 NLJ 8007, p14).

In very basic outline, the Bill will revoke or reform all EU-derived legislation at the end of this year. This is subject to many exceptions and the ability of government to extend that provision until the tenth anniversary of the Brexit vote (ie June 2026).

Financial services, including consumer credit, are outside of these provisions because of the exception relating to the Financial

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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