James Devenney

Consumer credit, debt and investment in Europe.

1. Vulnerability and access to low cost credit Orkun Akseli 2. Information disclosure in the EU Consumer Credit Directive: opportunities and limitations Catherine Garcia Porras and Willem van Boom 3. European regulation of consumer credit: enhancing consumer confidence and protection from a UK perspective? Sarah Brown 4. The development of responsible lending in the UK Consumer Credit Regime Karen Fairweather 5. The French Consumer Credit Act (2010) [Loi 2010-737 du 1er juillet 2010 portant reforme du credit ... la consommation] Marine Friant-Perrot 6. The legal framework for consumer credit in Romania: facts and prospects Rodica Diana Apan 7. The legal regulation of pawnbroking in England, a brief history Warren Swain 8. Mortgage finance: whos responsible? Sarah Nield 9. Fairness and efficiency in the law of guarantees Gerry McCormack 10. A comparative analysis of bank charges in Europe: OFT v. Abbey National plc through the looking glass Mel Kenny and James Devenney 11. Designing a framework for protecting bank depositors Andrew Campbell 12. The legal matrix for retail investment services in the EU: where is an individual investor? Olha O. Cherednychenko 13. Financial investors as consumers: recent Italian legislation from a European perspective Cristina Amato and Chiara Perfumi 14. Conclusions: consumer credit, debt and investment in Europe Mel Kenny and James Devenney.

DAMAGES AT THE BORDERS OF LEGAL REASONING

IN Borders (U.K.) Ltd. and others v. Commissioner of Police of the Metropolis and another , the Court of Appeal has, yet again, succumbed to the “temptation to do justice” by further extending to claimants a disgorgement remedy on the claimed authority of A.G. v. Blake (Jonathan Cape Ltd. Third Party) . We say “claimed authority” because, yet again, the extension of the disgorgement remedy is impossible to justify using legal argument respectful of precedent, for such argument is subordinated to the direct “pursuit of the justice of the outcome” (para. [28]).

European Consumer Protection: Conclusions

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

European Consumer Protection: Consumer protection strategies and mechanisms in the EU

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

European Consumer Protection: Index

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

European Consumer Protection: Contents

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

European Consumer Protection: Frontmatter

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

European Consumer Protection: Contextualising consumer protection in the EU

One anonymous reviewer writing in 1831 observed that: ‘As full of diseases as a horse’, says Shakespeare, and he might have made a comparison in another respect with equal truth, by saying ‘as fruitful of law-suits as a horse’; for of all chattels, the purchase of one of this sort, is the most likely to be the purchase of a suit. Such remarks could have been made with equal force at any point in the last thousand years. Many horse sales fell within the modern definition of ‘consumer contracts’ and, as a result, these transactions provide a valuable insight over a long period into some of the problems raised by the sale of defective goods to consumers. Although most were far too poor to afford a horse, horse ownership had spread to men of quite modest means by the seventeenth century. Until comparatively recently the horse played a vital role in English society. As well as transporting goods and people horses had important agricultural and military uses. By the eighteenth century horse-racing had become a plebeian as well as patrician pastime. Foreign visitors in the eighteenth century were struck by the relationship between the English and their horses. La Rochefoucauld wrote in his memoirs that the English possessed a ‘natural affection for the horse’. The American Quaker, John Woolman, was less impressed with what he had heard about the ill treatment of stage-coach horses. But it was an Englishman Reverend Granger, who was most damning when in a sermon he described England as a ‘Hell for Horses’. There was an element of truth in both descriptions. If not always well treated, horses were frequently admired. Horses were variously described as the ‘noblest, strongest, swiftest, and most necessary of all the beasts’ and ‘of all the unreasonable creatures upon the Earth are of the greatest understanding’. Horses were portrayed as man’s closest relation in the animal kingdom. It was this insight which made for such biting satire in hands of Jonathan Swift. Horses were feˆted by such otherwise disparate groups as medieval Welsh poets and leading society figures who employed George Stubbs to immortalise their animals on canvas. No doubt horse owners of all types, in every century, could feel sympathy with those unfortunate enough to purchase an animal which turned out to be defective.

Consumer Credit, Debt and Investment in Europe: Contents

1. Vulnerability and access to low cost credit Orkun Akseli 2. Information disclosure in the EU Consumer Credit Directive: opportunities and limitations Catherine Garcia Porras and Willem van Boom 3. European regulation of consumer credit: enhancing consumer confidence and protection from a UK perspective? Sarah Brown 4. The development of responsible lending in the UK Consumer Credit Regime Karen Fairweather 5. The French Consumer Credit Act (2010) [Loi 2010-737 du 1er juillet 2010 portant reforme du credit ... la consommation] Marine Friant-Perrot 6. The legal framework for consumer credit in Romania: facts and prospects Rodica Diana Apan 7. The legal regulation of pawnbroking in England, a brief history Warren Swain 8. Mortgage finance: whos responsible? Sarah Nield 9. Fairness and efficiency in the law of guarantees Gerry McCormack 10. A comparative analysis of bank charges in Europe: OFT v. Abbey National plc through the looking glass Mel Kenny and James Devenney 11. Designing a framework for protecting bank depositors Andrew Campbell 12. The legal matrix for retail investment services in the EU: where is an individual investor? Olha O. Cherednychenko 13. Financial investors as consumers: recent Italian legislation from a European perspective Cristina Amato and Chiara Perfumi 14. Conclusions: consumer credit, debt and investment in Europe Mel Kenny and James Devenney.

Consumer Credit, Debt and Investment in Europe: Index

1. Vulnerability and access to low cost credit Orkun Akseli 2. Information disclosure in the EU Consumer Credit Directive: opportunities and limitations Catherine Garcia Porras and Willem van Boom 3. European regulation of consumer credit: enhancing consumer confidence and protection from a UK perspective? Sarah Brown 4. The development of responsible lending in the UK Consumer Credit Regime Karen Fairweather 5. The French Consumer Credit Act (2010) [Loi 2010-737 du 1er juillet 2010 portant reforme du credit ... la consommation] Marine Friant-Perrot 6. The legal framework for consumer credit in Romania: facts and prospects Rodica Diana Apan 7. The legal regulation of pawnbroking in England, a brief history Warren Swain 8. Mortgage finance: whos responsible? Sarah Nield 9. Fairness and efficiency in the law of guarantees Gerry McCormack 10. A comparative analysis of bank charges in Europe: OFT v. Abbey National plc through the looking glass Mel Kenny and James Devenney 11. Designing a framework for protecting bank depositors Andrew Campbell 12. The legal matrix for retail investment services in the EU: where is an individual investor? Olha O. Cherednychenko 13. Financial investors as consumers: recent Italian legislation from a European perspective Cristina Amato and Chiara Perfumi 14. Conclusions: consumer credit, debt and investment in Europe Mel Kenny and James Devenney.