Profile submitted by Malcolm Waters QC
Principal specialist areas are retail banking, mortgages and consumer credit; regulation of retail financial services; and the law relating to building societies and other mutuals. Extensive experience in the law on unfair terms and in the drafting of standard form mortgage, current account, savings and consumer credit documentation. 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; Professional Negligence Bar Association.
Called to Bar 1977. Took Silk 1997.
Joint author of ‘Retail Mortgages: Law Regulation and Procedure’ and ‘Current Law Commentary on the Building Societies Act 1986’. Joint editor of ‘Wurtburg & 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 Financial Institutions title, Mutual Societies section.
Educated at Whitgift School 1963-71 and St. Catherine's College Oxford 1972-76 (BA and BCL).