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Chambers of Charles Gibson QC

2 HARCOURT BUILDINGS, TEMPLE, LONDON, EC4Y 9DB, ENGLAND
Tel:
Work 020 7583 9020
Fax:
Fax 020 7583 2686
DX:
1039 LONDON CHANCERY LANE WC2
Email:
Web:
www.hendersonchambers.co.uk

Julia Smith

Tel:
Work 020 7583 9020
Email:
Henderson Chambers (Chambers of Charles Gibson QC)

Position

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.

Career

Called 1988. Publications of note: Julia is co-author of ‘The Consumer Credit Act 2006: A Guide to The New Law’ (Law Society Publishing, 2006) and of ‘The Law of Consumer Credit and Hire’ (Oxford University Press, 2009). She is also a contributor to ‘Atkins Court Forms on Consumer Credit’.

Member

London Common Law and Commercial Bar Association.


London Bar

Banking and finance (including consumer credit)

Within: Leading Juniors

Julia Smith - Henderson ChambersCommercial and practical, and very user friendly.

Within: Banking and finance (including consumer credit)

Henderson Chambers has 'a very good range of counsel, from QCs to impressive juniors, to very competent junior juniors', according to one instructing solicitor. The set has an excellent reputation for consumer credit issues, where its members are among the most experienced in the market. The set's members, including Richard Mawrey QC, William Hibbert and Julia Smith, have been involved in several key recent consumer banking cases, including DGOFT v First National Bank, OFT v Lloyds TSB Bank, and Wadham Stringer v Meaney.

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Consumer

Within: Leading Juniors

Julia Smith - Henderson ChambersA top consumer credit barrister.

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Financial services regulation

Within: Leading Juniors

Julia Smith - Henderson ChambersHas an in-depth understanding of financial regulation.

Within: Financial services regulation

Henderson Chambers is 'a good set for work of this nature' and 'always able to provide counsel at the right level of experience for claims of all sizes'. Members regularly act for and against regulators including the Financial Conduct Authority, with recent cases including FCA v Gopee (in which Julia Smith represented the regulatory body) , and are also highly experienced on the non-contentious side.

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