Chambers UK 2014

Chambers UK

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Russell Kelsall

Partner

Russell is a partner in the Litigation and Financial Services Practice Group based in the Leeds office. He deals with contentious and non-contentious financial services issues (particularly consumer credit and payment services). Russell has substantial expertise in matters involving consumer credit, products regulated by the FCA (formerly FSA) (including PPI, retail investments and regulated mortgage contracts) and disputes involving the sale and supply of goods and services and asset recovery (often involving vehicles, plant and machinery).

Russell regularly advises finance providers, motor dealers and retailers on (a) consumer law issues include sale and supply of goods and services, distance selling, off-premises contracts and investigations by regulatory bodies and (b) consumer credit issues including drafting compliant documentation, advising on procedures, signing-off credit advertisements and obtaining and retaining consumer credit licences and permissions.

Russell is the author of “Consumer Credit: Law, Practice & Precedent”’, which was published by Law Society Publishing in January 2012. He is also a contributor to Practical Law's consumer credit resources including (a) ensuring two standard loan agreements comply with various exemptions, (b) providing a questions and answers and (c) authoring a number of case reports.

Russell is retained by the Finance & Leasing Association to provide training to its members on consumer credit and motor finance issues. He has also designed, implemented and delivered a training programme for the whole of the dealer network of a multinational motor vehicle manufacturer.

Russell is an active member of the Finance & Leasing Association and regularly contributes notes to its members and presents at committee meetings. He has spoken at workshops and conferences.

Russell is recommended by Chambers UK as an "associate to watch". The rankings say he is "approachable and unflappable" with "significant experience in finance disputes and is praised as a ‘good strategist’ with an ‘in-depth knowledge of the Consumer Credit Act’”.

Russell also has significant experience in complicated dispute resolution matters and, in particular, disputes arising out of the compulsory purchase of land. He has acted for a mix of claimants and acquiring authorities in some well-known cases before the Lands Chamber of the Upper Tribunal (and previously the Lands Tribunal). He has particular expertise in business disturbance claims resulting from a CPO, both on relocation and extinguishment, and complex claims for development value of land taken (including ransom and marriage values, statutory disregards and hope value). Russell is a member of the Compulsory Purchase Association. Russell contributes to the section on compulsory purchase in the online database operated by iSurv.

Experiencia Reciente

  • Acting for a number of high street banks and finance providers defending claims by borrowers that their consumer credit and hire agreements are unenforceable for non-compliance with consumer credit legilation. In particular, acting for the successful lender in Brooks v Northern Rock (Asset Management) plc [2010].
  • Acting for a number of high street banks defending claims alleging mis-selling of payment protection insurance, retail investments and mortgage products (including alleged breaches of the Financial Conduct Authority’s Rules).
  • Drafting of consumer credit and consumer hire compliant documents for a number of finance companies including major high street lenders, and advising on compliance issues and procedures (including drafting products and advising on remediation strategies and plans).
  • Acting for finance houses and high street banks defending allegations of unfair relationships and extortionate credit bargains and claims by debtors under Section 75(1) of the Consumer Credit Act 1974 (including claims against retailers under Section 75(2)).
  • Advising high street banks, motor dealers and retailers on compliance with various payment services and consumer protection legislation including the Payment Services Regulations 2009, the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection (Distance Selling) Regulations 2000, the Consumer Protection from Unfair Trading Regulations 2008, the Cancellation of Contracts made in a Consumer’s Home or Place of Work, etc Regulations 2008 and the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.
  • Defending claims by debtors that the goods supplied under credit or hire agreements, particularly motor vehicles, were unsatisfactory and/or unfit for purpose.
  • Acting for lenders defending applications to the Land Registration Division of the Property Chamber of the First-tier Tribunal by borrowers to rectify or set-aside documents (often mortgages and legal charges).
  • Acting for both Claimants and Acquiring Authorites in claims before the Upper Tribunal (Lands Chamber) (formerly the Lands Tribunal) in claims for the compulosory purchase of land (including claims for existing use, hope value and development value, and claims for business losses).

Publications
  • Consumer Credit: Law, Practice and Precedents, published by Law Society Publishing in January 2012.
  • Practical Law Consumer Credit Case Reports.
  • Various Articles in the Butterworths Journal of International Banking & Financial Law, Motor Finance, LeasingLife and Credit Today.
  • iSurv Resource on Compulsory Purchase Law and Practice.

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Leeds
+44 113 284 7265

Formación

University of Sheffield, L.P.C., 2003
University of Hull, LL.B., 2002

Colegios

England and Wales, 2005

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