“… a citizen, before committing himself to any course of action, should be able to know in advance what are the legal consequences that will flow from it”
None should think the Supreme Court’s dismissal last week, of credit providers’ appeals against findings their fees were unreasonable, is a ringing endorsement of the Credit Contracts and Consumer Finance Act 2003’s (CCCFA) regulation of credit and default fees charged by financiers to consumers under consumer credit contracts. Continue reading “Consumer protection and the rule of law”
Will forthcoming judgments restate or extend legal understanding?
There is a number of reserved Supreme Court judgments, possibly occupying the judges over their summer vacation, with material interest for commercial and public lawyers. Unsurprisingly, many such final appeals seek to expand on settled legal comprehension. Given certainty’s value in law, such expansions should only be because the informing doctrines have themselves advanced, rather than they may operate harshly in the appellants’ individual circumstances. Similarly, statutory interpretation turns on identifying the will of Parliament, distinctly from regulators’ preferences for enforcement. Whether those concepts will be applied here awaits these judgments. Continue reading “Waiting on the Supremes”