Dr Sarah Brown's Publications
‘Consumer credit relationships - protection, self-interest/reliance and dilemmas in the fight against unfairness: The unfair credit relationship test and the underlying rationale of consumer credit law’, Legal Studies, 36.2 (2016), 230-257,
DOI: 10.1111/lest.12100, Repository URL: http://eprints.whiterose.ac.uk/88028/
© 2016 The Society of Legal Scholars.The new UK regulatory structure for financial services is now firmly in place. This brings with it changes to the consumer credit regime, both in terms of regulation and supervision. The unfair credit relationship test is a sanction contained in the Consumer Credit Act 1974, and its future may well be subject to review as further reform to the UK regulation is actioned. This paper provides a fresh examination of the test's developing role in relation to protecting borrowers against unfairness and its application by the courts. The question is then posed as to whether evidence of underlying 'competing' ethics in both case-law and statutory policy suggests that the test will no longer be appropriate in the control of unfairness in relation to the credit consumer, when changes to the legislation and regulatory framework are concluded.
‘EU and UK Consumer Credit Regulation: Principles, Conduct, and Consumer Protection: Divergence or Convergence of Approach?’, European Business Law Review, 26.4 (2015), 555-580,
Repository URL: http://eprints.whiterose.ac.uk/86775/
The regulation of financial services is going through major reform both at European and national level. This article examines the specific case of consumer credit, the new mortgage credit directive, and how European reforms in relation to secured lending on residential property are exhibiting signs of change of direction in relation to the basis of regulation of consumer credit. Whilst at EU level, legislative control is still sector specific, there is an observable shift in the UK towards a single regime for financial services. An examination of the new directive is made, giving a comparison between this latest consumer credit initiative and concurrent reforms in the regulatory framework that are taking place in the UK. It examines the extent to which the EU and UK regulatory initiatives reflect similarity in approach, highlights potential difficulties, and considers whether overall this is a positive development for consumer protection.
‘Protection of the Small Business as a Credit Consumer: Paying Lip Service to Protection of the Vulnerable or Providing a Real Service to the Struggling Entrepreneur?’, Common Law World Review, ed. by Clarke D and Stanton K, 41(2012).1 (2012), 59-96,
‘Using the Law as a Usury Law: Definitions of Usury and Recent Developments in the Regulation of Unfair Charges in Consumer Credit Contracts’, Journal of Business Law, 2011.1 (2011), 91-118,
‘The unfair relationship test, consumer credit transactions and the long arm of the law’, Lloyds Maritime and Commercial Law Quarterly, ed. by Rose PFD, 2009.1(Feb) (2009), 90-112,
‘The Consumer Credit Act 2006: Real Additional Mortgagor Protection?’, Conveyancer and Property Lawyer, 2007.Jul/Aug (2007), 316-339,
‘European Regulation of consumer credit :enhancing consumer confidence and protection from a UK perspective’, in Consumer Credit, Debt and Investment in Europe, ed. by Kenny M and Devenney J (Cambridge: Cambridge University Press, 2012), 56-84,
Handbook of Research on International Consumer Law (Publication Review), in Journal of Business Law, (Sweet and Maxwell, 2012) 2012.7: 643-645.,