Profile submitted by Malcolm Waters QC
Principal specialist areas are: (1) Retail banking, mortgages and consumer credit (2) Regulation of retail financial services and (3) Building Societies and other mutuals. Extensive experience in the law on unfair terms and in the drafting of standard form documentation for mortgages, current and savings accounts and consumer credit transactions. Reported cases include Director General of Fair Trading v First National Bank (unfair terms); OFT v Abbey National (unfair terms]; Southern Pacific Mortgage v Heath (consumer credit); JP Morgan Chase v NRAM (consumer credit); NRAM v McAdam (unregulated agreement documented as regulated); C&G v Norgan (mortgages); Woolwich v Gomm (mortgages); Bristol & West v Bartlett (mortgages); C&G v BSC (building society conversion) and BSC v Halifax (building society conversion). Member of the working parties responsible for drafting the Standard Conditions of Sale and the Standard Commercial Property Conditions.
Chancery Bar Association; Financial Services Lawyers Association; Professional Negligence Bar Association.
Called 1977. Silk 1997.
Joint author of ‘Retail Mortgages: Law Regulation and Procedure’. Joint editor of‘Wurztburg and Mills – Building Society Law’ and ‘The Law of Investor Protection’. Consultant editor of ‘Halsbury’s Laws of England’ 4th edition, Friendly Societies title and 5th edition Mutual Societies and Industrial and Provident Societies title.
Educated at Whitgift School and St Catherine’s College, Oxford (BA and BCL).