Podcast Location:
Download it here [file size: 41 MB]
Categories:
Litigation & Dispute Resolution
Consumer Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that practitioners are familiar with the recent developments in consumer law in respect of secret commissions and fiduciary duties, including having an awareness of the recent case law in this particular area.

Outcomes:
After completing the course you will:
  • Understand what a “secret commission” is;
  • Be aware of the definition of “fiduciary duty”;
  • Understand how the legal concepts of secret commissions and fiduciary duties apply to consumer law;
  • Understand the key facts of the case of McWilliam –v- Norton Finance;
  • Understand how the Court dealt with the issues of fiduciary obligations and informed consent in McWilliam –v- Norton Finance;
  • Be aware of what a practitioner in this area should focus on in light of McWilliam –v- Norton Finance.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Bristol & West Building Society –v- Mothew [1998] Ch 1;
  • Shipway –v- Broadwood [1899] 1 QB 369;
  • Hurstanger Ltd –v- Wilson [2007] 1 WLR 2351;
  • Consumer Credit Act 1974;
  • Consumer Credit Act 2006;
  • McWilliam –v Norton Finance (UK) Limited [2015] EWCA Civ 186;
  • Flanagan –v- Nemo Personal Finance [2011] (unreported);
  • Sealey –v- GE Money Secured Loans Ltd [2011] (unreported);
  • Plevin –v Paragon Personal Finance Limited [2014] UKSC 61.
Tags:

In this CPDcast, Thomas Samuels of Gough Square Chambers looks at the recent case law concerning secret commissions and fiduciary obligations in consumer law, including the recent case of McWilliam –v- Norton Finance.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 29:51

Date Recorded: 17th April 2015

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