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Consumer
Credit Law
Introduction to FB's writings
on Consumer Credit Law
To be added.
CONSUMER
CREDIT CONTROL
Introduction
This looseleaf work on the Consumer
Credit Act 1974 was written by the draftsman of the Act,
Francis Bennion, and originally published in one volume in
1976. It was enlarged over time to four volumes, having been
updated by over 50 periodic releases. Francis Bennion wrote
the first 25 releases and then handed over to Paul
Dobson (see below), who then edited the work. In 2001
the publishers became Sweet & Maxwell. Since they already
published a rival work they terminated publication of Consumer
Credit Control at the end of 2001. Second hand copies are
still available
The work is an annotated restatement
of the Act and related enactments (including regulations
and orders), together with precedents for contentious business,
credit agreements, hire agreements, securities etc. It also
includes an introduction to consumer credit law, the texts
of the Act and other enactments restated, official forms,
pamphlets etc, the official Consumer Credit Tables (with
an added introduction) and the Consumer Credit Law Reports
(CCLR) with added comments. For a description of how the
novel restatement system works see Francis Bennion's article 1976.001
'Our legislators are CADS'.
For the enthusiasm with which the book was received by the
legal profession see the Selections from
Reviews section
Paul Dobson is a
former Visiting Professor at Anglia Polytechnic University
and at Greenwich University. He is the author of Sale
of Goods and Consumer Credit (Sweet & Maxwell)
and one of the editors of the White Book, Civil Procedure.
Publishing
details
To be added.
Contents
To be added.
Selections
from reviews
[After discussing rival books on the Consumer Credit Act
1974.] 'This leaves Bennion, the master draftsman of the
Act. Alone, his book is an entirely fresh publication. Probably,
his book is also the best . . . [It] gives all the issues
a greater examination and does so with an almost indecent
breadth and depth of knowledge. Bennion also has the most
comprehensive approach to the Act, particularly with his
Restatement of the legislation and the separate categories
he sets out for special treatment.'
Richard Lawson, The Modern
Law Review 1978 Vol 41 p 500.
'This major new work, by the draftsman of the Consumer Credit
Act 1974, . . . contains a most detailed examination of the
complex current consumer credit control legislation, with
its attendant orders, regulations, circulars and ancillary
publications, accordingly providing an invaluable, highly
authoritative practical guide to this legislative jungle.
Those who must timorously thread their way through it will
undoubtedly welcome the author's special knowledge of its
paths and pitfalls. Who better than a statute's creator to
explain what it means and how its facets fit together?' Solicitors'
Journal.
'Parliamentary draftsman and barrister Mr Francis Bennion
- a previous contributor to The Accountant, and
founder of the Statute Law Society - denied at a London reception
last week the claim that his recent publication, CONSUMER
CREDIT CONTROL, had made the subject 'easy'. He doubted
whether it could ever be 'easy', and suggested that he would
be content to have made its comprehension a little easier.
Legislation, according to Mr Bennion, is incomplete and needs
a further process at the time when it reaches the Statute
Book. The intense compression of language and the technicalities
of a modern statute necessitate a restatement of that language
in order to bring the statute fully before those who will
be bound by it.' The Accountant.
'The Act has been well received in legal circles. It is
limited like any other statute by being, at best, simply
an expression of Parliament's intentions. Mr Bennion, who
drafted the Act, is concerned that the legislative process
should not stop there, but that the language of the legislature
should receive treatment which will bring it more fully before
those who are bound by it. The problem is one of 'communication'
of Parliament's intentions, which a statute is poorly designed
to achieve. Consumer Credit Control and its main feature,
the Annotated Restatement, is Mr Bennion's answer to this
problem and is a remarkably successful innovation in legal
manuals.' The Law Society's Gazette
"A recent advertisement for a pamphlet purporting to
explain some legislative measure stated: 'Apart from its
jargon, this is a good Act'. This was roughly equivalent
to commenting that, apart from its music, a Chopin nocturne
is a good work! The point is that the jargon (i.e. the specialised
terms employed by Parliament) is the Act! CONSUMER CREDIT
CONTROL is a first-class treatment of this vital legislation
in a manner which makes the work not only of profound interest,
but of unusual practical value for those whose very livelihood
will be affected by the Act. It is far and away the most
informative and useful treatment of this legislation to have
appeared, as well as being the most imaginative."Retail & Distribution
"It is . . . of some considerable significance that
the draftsman of such a complex piece of legislation should
produce a work which not only endeavours as he says 'to provide
the user with a version of the legislation on Consumer Credit
which remedies the defects of the official system' but also
has the ideas of the man himself as to the thinking behind
the words of the Act. . . .The major and most original part
of the work is the annotated restatement . . . The author
has not merely annotated the Act but has taken the various
sections which interlink and arranged them into divisions
and within those divisions he has arranged the paragraphs
into different groups, each of which deals with one aspect
of a particular subject matter. . . . Mr Bennion must be
applauded for breaking new ground and for indicating a further
method of communicating statutory intention . . . Credit.
Bennion has designed Consumer Credit Control as a practical
working manual for everyone affected by the new code of law
governing credit and hire - retailers, banks, finance companies,
rental firms, mail order houses and indeed any business which
supplies goods and services on credit, or offers credit or
loan facilities.' Business Systems & Equipment
'In this publication, Mr Bennion, who has for many years
campaigned for improvements in our system of statute law,
applies to the new consumer credit control legislation his
novel method of annotated restatement of law. This new approach
is designed to overcome the defects of compression, anonymity,
distortion and scatter [for the meaning of these four terms
see Francis Bennion's article 1976.001
'Our legislators are CADS'.] that, from the user's point
of view, statutory provisions usually suffer from, and which
the conventional methods of publishing annotated reprints
or summaries with explanations have not wholly overcome.' The
Bankers Magazine
'Mr Bennion numbers amongst his achievements the fact that
he was the draftsman of the Consumer Credit Act and is therefore
familiar, in a way that few other persons can be, not only
with the Act itself but with the purposes which lay behind
its provisions. He has moreover campaigned over the years
for greater clarity in statute law and in 1968 founded the
Statute Law Society. The purpose of CONSUMER CREDIT CONTROL is
essentially to set forth the statute law governing consumer
credit (not only as it arises from the Consumer Credit Act
but from the various other statutes and regulations involved)
in terms which can readily be understood by intelligent laymen
as well as by lawyers . . . We have no doubt that it will
meet a need both for lawyers and for those who control the
policy of credit granting institutions.' Hire Trading
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