Russell is a Senior Associate in the Litigation and Financial Services Practice Groups based in the Leeds office.  His expertise is in financial disputes, particularly consumer credit disputes, asset finance disputes (often involving motor vehicles and plant and machinery) and sale and supply of goods and services disputes and consumer credit law.  He has considerable expertise in the enforcement of regulated consumer credit and hire agreements, satisfactory quality claims (particularly acting for the motor industry or motor finance providers) and claims for wrongful interference with goods.  He also regularly provides compliance advice to financial institutions and retailers on consumer credit issues including drafting compliant documentation, advising on procedures, signing-off credit advertisements and obtaining and retaining consumer credit licences.

Russell’s textbook, Consumer Credit: Law, Practice and Precedents, was published by Law Society Publishing in January 2012.  He is retained by Practical Law Company to provide specialist consumer credit know-how and he authors PLC’s Consumer Credit 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 multi-national motor vehicle provider.

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

Representative Experience

• Acting for a number of high street banks defending claims by borrowers that their agreements are unenforceable. In particular, acting for the successful lender in Brooks v Northern Rock (Asset Management) plc [2010], which was recently approved by the High Court in Sternlight & Others v Barclays Bank plc & Others [2010];
• Drafting consumer credit agreements for a second charge lender;
• Advising on compliance issues of consumer credit documentation including default notices, default sums notices and arrears sums notices;
• Drafting of consumer credit compliant documents for a number of finance companies, including major high street lenders;
• Acting for finance houses defending applications by debtors for time orders under section 129;
• Obtaining the court’s permission under section 127 to enforce the terms of an agreement following the improper execution of a regulated agreement;
• Drafting and serving notices (including enforcement notices, default notices and arrears notices) before taking further action to recover the debt outstanding;
• Advising a number of lenders on compliance issues including the drafting of regulated consumer credit and hire agreements;
• Defending claims by debtors that the goods supplied under credit or hire agreements, particularly motor vehicles, were unsatisfactory and/or unfit for purpose;
• Defending claims by debtors alleging misrepresentation by the broker and/or the finance house’s agent during negotiations and mis-selling of products; and
• Opposing a debtor’s application for a declaration that the agreement constituted an extortionate credit bargain and, more recently, an unfair relationship.

Publications

• Consumer Credit: Law, Practice and Precedents, published by Law Society Publishing in January 2012.
• “First Class Judgment from the High Court: Soulsby & Soulsby v FirstPlus Financial Group plc & Loans.co.uk”, Commercial & Dispute Resolution Review, 19 November 2010.
• “A Very Welcome Decision for Asset Finance Lenders: Welcome Financial Services Limited v Nine Regions Limited t/a Log Book Loans [2010] EWHC B3 (Mercantile)”, Commercial & Dispute Resolution Review, 11 November 2010.
• “To Be, Or Not To Be (a 1930 Speed Six Bentley Car): That Was The Question!”, Commercial & Dispute Resolution Review, 20 October 2010.
• “Default, Default, Default: High Court Gives Judgment on Default Notices and Default Charges under Regulated Consumer Credit Agreements”, Commercial & Dispute Resolution Review, 29 September 2010.
• “High Court strikes out APR and rate of interest consumer credit test cases”, Practical Law Company, 25 August 2010.
• “Speak no Evil, Hear no Evil: Black Horse Limited v Speak & Speak”, Commercial & Dispute Resolution Review, 29 July 2010.
• “Claimants Saddled with Further Hurdles: Harrison & Harrison v Black Horse Limited”, Commercial & Dispute Resolution Review, 20 July 2010.