Malcolm Waters QC
| Silk 1997
| Call 1977
Profile: Commercial Disputes
Experience and Expertise
Malcolm Waters QC acts regularly for banks, building societies and other financial institutions in litigation, drafting and advisory work relating to their retail lending and deposit-taking business. His work includes issues relating to the creation and enforcement of mortgages and other securities in both residential and commercial transactions. He also specialises in consumer credit work and in the law relating to mutual institutions (including building societies, friendly societies and industrial and provident societies).
His consumer credit work includes the drafting of standard form documentation and he has experience in advice and litigation in all areas of consumer credit law.
He provides specialist advice on the law relating to building societies, friendly societies and industrial and provident societies.
Cases and Work of Note
- Southern Pacific Mortgages Ltd v Heath  EWCA Civ 1135 (multiple agreements and the effect of section 18 of the Consumer Credit Act 1974)
- Office of Fair Trading v Abbey National and others  EWHC 36 (Comm) (whether charges relating to unarranged overdrafts capable of being penal)
- Office of Fair Trading v Abbey National and others  EWHC 875 (Comm) (whether terms imposing charges relating to unarranged overdrafts assessable for fairness)
- Bristol and West plc v Bartlett & anr; Paragon Finance plc v Banks; Halifax plc v Grant  4 All ER 544 (when an action to recover the shortfall due under a mortgage becomes time-barred)
- Director-General of Fair Trading v First National Bank  1 AC 481 (whether a term making interest on a loan payable at the contract rate after judgment unfair)
- Woolwich plc v Gomm (2000) 79 P&CR 61 Court of Appeal (whether bank had imputed notice of undue influence)
- Building Societies Commission v Halifax Building Society and Leeds Permanent Building Society  Ch 255 Chancery Division (merger of building societies with a view to conversion to plc status)
- Cheltenham & Gloucester Building Society v Norgan  1 WLR 343 Court of Appeal (terms on which possession orders should be suspended)
- Halifax Building Society v Thomas  Ch 217 Court of Appeal (profits derived from mortgage fraud)
- Cheltenham & Gloucester Building Society v Building Societies Commission  Ch 185 Chancery Division (acquisition of a building society by a bank)
- Cheltenham & Gloucester Building Society v Grattidge (1993) 25 HLR 454. Court of Appeal (relationship between money judgment and suspended possession order)
- Abbey National Building Society v Building Society Commission (1989) 5 BCC 259. Chancery Division (conversion of building society to plc status)
- Recent directory editorial has included the following:
- approachable, client-friendly and effective
- response times are quick and promised time scales for turning around work are kept
- an extremely thoughtful, considered lawyer who is not afraid of expressing an opinion
- intellectually rigorous and impeccably researched.
He is senior editor of Wurtzburg and Mills on Building Society Law (which he co-edits jointly with colleagues, Elizabeth Ovey and Mark Fell), a looseleaf work which is kept up to date with regular releases.
He is also the author, along with Elizabeth Ovey and Mark Fell, of Retail Mortgages: Law, Regulation and Procedure, 2013, Sweet & Maxwell.
He was (together with Elizabeth Ovey) a contributing editor of The Law of Investor Protection, 2nd edition, and consultant editor of the title on Mutual Institutions in the current (fifth) edition of Halsbury’s Laws of England.
He was also consultant editor of the title on Friendly Societies in the preceding (fourth) edition of Halsbury’s Laws of England (2007 reissue).
He is happy to provide seminars on unfair terms/unfair treatment in the retail financial services area and on consumer credit.