Tristram Hodgkinson

Called in 1982

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Practice Profile

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Education


LL.B.,LL.M.

Practice Profile


Principal Areas of Practice:
Finance, consumer credit, lending and mortgage law. He was instructed by solicitors throughout England and Wales in this field. Professional negligence, including financial and banking, solicitors and barristers and claims against expert witnesses.

Other areas of practice:
Contract/Commercial. Tristram Hodgkinson also advised companies as to non-contentious finance issues such as the drafting of standard terms and conditions in conformity with consumer and credit legislation.

Notable Cases


Reported cases are:-

McGinn v Grangewood Securities Limited [2002] EWCA Civ 1083 (in which the Court of Appeal followed Watchtower v Payne in holding a consumer credit mortgage agreeement wholly unenforceable against the borrower for defects of execution, and ruled that a mortgage may be unenforceable where additional interest charges are purportedly agreed after completion of the mortgage).

Watchtower Investments Ltd –v- Payne, The Times 22 August 2001 (in which the Court of Appeal laid down the test for distinguishing between credit and the charge for credit in regulated loans under the Consumer Credit Act 1974 in a case of wide impact in the consumer credit field).

Carlyle Finance Ltd –v- Pallas Finance Ltd [1999] 1 All ER (Comm) 659 (in which the Court of Appeal decided that a finance company may conclude a contract by conduct prior to its formal acceptance by signature).

Swain –v- Woodchester Lease Finance [1999] 1 WLR 263 (in which the Court of Appeal held that a default notice terminating a regulated consumer credit agreement must be accurate to be valid).
City Mortgage Corporation –v- Baptiste [1997] CCLR 64 (a mortgagee is not entitled to possession before an extortionate credit bargain issue is heard).

Sparks –v- Harland [1997] 1 WLR 143 (the High Court held that a victim of child sexual abuse bringing a damages claim outside the limitation period was entitled not to have her claim struck out pending the decision of the European Court of Human Rights).

Tristram Hodgkinson has also recently recovered substantial damages in High Court actions for, among others, a plaintiff whose personal injury claim had failed through the negligence of her expert witness (an Orthopaedic Surgeon) and for clients who suffered large business losses following the negligent advice and breach of fiduciary duty of National Westminster Bank.

Publications


Tristram Hodgkinson is the author of the first edition Expert Evidence: Law and Practice, first published by Sweet & Maxwell in 1990 and still the leading practitioner’s textbook on this subject. He has also written articles for legal journals such as the New Law Journal, Law Quarterly Review, Modern Law Review, Public Law and Consumer Law Today and pieces on law related subjects in newspapers such as The Guardian and Lloyd’s List.




 

Contact

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5 Pump Court

Temple, London

EC4Y 7AP

T 020 7353 2532

F 020 7353 5321

E clerks@5pumpcourt.com

Document Exchange

LDE 497 Chancery Lane

Hours

8.30 am until 7.00 pm

Urgent out-of-hours

07976 368031

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