Malcolm Waters QC  - Radcliffe Chambers
Malcolm Waters QC
Areas of practice:
  • Banking and Financial Services
  • Corporate & Commercial Law
  • Consumer Law
  • Real Estate & Property Law
Radcliffe Chambers

Malcolm Waters QC ’s CPDcasts

Malcolm is an official CPDcast contributor and contributes to the following podcasts:



Malcolm regularly acts for banks, building societies and other financial institutions on litigation, drafting and advisory work relating to their retail lending and deposit-taking business. He also specialises in consumer credit work, where he has acted for a wide range of different lenders and also for trade bodies.

He has extensive experience in applying the Unfair Terms in Consumer Contracts Regulations to standard form contracts, particularly those relating to mortgages, unsecured loans, current accounts and savings accounts. He appeared for the bank in the House of Lords' case of Director-General of Fair Trading v First National Bank [2002] 1 AC 481 and has also acted for one of the banks in the bank charges for unarranged overdrafts litigation.

He also provides specialist advice on the law relating to building societies, friendly societies and other mutual institutions. He appeared for the transferor societies at the hearings to confirm the mergers of the Lambeth and Portman Building Societies, the Portman and Nationwide Building Societies, the Derbyshire and Nationwide Building Societies and the Cheshire and Nationwide Building Societies. Malcolm appeared for Britannia Building Society at the hearing seeking confirmation of its merger with the Co-operative Financial Services (the latter being the first transaction to proceed under the new legislation which permits mergers between different types of mutual organisation).

He is senior editor of Wurtzburg and Mills on Building Society Law (which he co-edits jointly with colleagues, Elizabeth Ovey and Kate Selway). He and Elizabeth Ovey are contributing editors of The Law of Investor Protection, 2nd edition and consultant editor of the title on Mutual Institutions in the Fifth Edition of Halsbury’s Laws of England. He was consultant editor of the title on Friendly Societies in the Fourth Edition of Halsbury’s Laws of England (2007 reissue).

He is a member of Chancery Bar Association, Professional Negligence Bar Association and Charity Law Association.

Malcolm Waters QC - Website Details:


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