JUDGE HALBERTS LETTER

Chester Civil Justice Centre,
Trident House,
                                                                                      Little St. John Street,
Chester,
CH1 1SN

From His Honour Judge Derek Halbert
Designated Civil Judge for Cheshire

RE: CCA CLAIMS

It is apparent that there are a number of claims to be commenced nationally in which the main claim will be for a declaration of the invalidity of a Credit Agreement for non compliance with the Consumer Credit Act. Estimates vary but up to 100,000 claims may be involved. In those circumstances assistance was sought from the presiding Judges and from Lord Justice Moore-Bick as to how to proceed. That matter has also been referred to the area, regional and national directorate.

The consensus is that the appropriate course is to refer a few carefully selected cases to the Commerical Court in London on a test basis. This has the approval of Lord Justice Moore-Bick. I have spoken to the Judge in charge of the Commerical Court Andrew Smith J., and he is all too happy to accept a pattern of test cases.

The proposal is to select the test cases and then stay all others until the test cases have established the requisite principles.

This letter is being sent to all parties in all CCA cases which have so far been commenced in Cheshire. Representations are invited to:-

a) The merits of the proposed course of action;

b) The selection of the test cases.

Such representations should be made as quickly as possible and certainly within 14 days.

Derek R Halbert, Designated Civil Judge, Cheshire