Rodney Gardner CV
Consultant Solicitor
Corporate Finance:
Early in his career Rodney was inspired and advised several companies in seeking listings on the main stock market as well as the junior markets then in place: Crosby Homes, for example, was a private house building company in the Northwest where the management was advised by Rodney to seek a buyout and then a listing. Rodney conducted the negotiations personally with the vendors, arranged the equity and loan facilities for the buyout and successfully completed and only 9 months from the buyout obtained a full listing on the main exchange. Within 24-month Berkley Group took over the company making the four original management team members millionaires.
Rodney advised other companies on buy outs listing on the Junior Markets with respect to the now defunct Third Market, pipped Slaughter and May, being the first solicitor listing a company on the Third Market (Unit Group Plc) by a few days.
Rodney has carried out substantial transactional work in respect of corporate sales and buyouts, including service agreements, subsidiary documentation and otherwise.
Insolvency:
Rodney was consulted by several of the country’s leading insolvency practices who motivated him to qualify as an insolvency practitioner, not taking up appointments, but merely advising liquidators and administrators and was recognised within the Manchester legal arena as a leading insolvency solicitor at the time. Work was carried out for Arthur Andersen and many other substantial but private insolvency practices in the Northwest. Rodney ultimately allowed his insolvency licence to lapse, when work moved in a different direction.
Rodney advised directors and shareholders of the options available when a company fell into difficult trading conditions and was instrumental in assisting pre-pack administration arrangements as well as those ‘phoenixes’ arising post insolvency.
Personal Injury:
Rodney was for many years, a member of the Law Society Personal Injury Panel taking on a substantial amount of claimant work including a small number of high value personal injury claims where the client had suffered catastrophic injury.
Rodney took a case to the Supreme Court, being satellite litigation arising out of a consumer credit case, and established where a claim was commenced prior to the abolition of after the event insurance (ATE) premia and success fees, by reason of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), later appeals from a trial judgment with the Court of Appeal and ultimately the Supreme Court being heard after the appointed day for LASPO purposes, the claimant was still able to recover the further ATE premia and success fees incurred (Plevin v. Paragon [2017], Supreme Court).
This was most fortuitous and gave may claimants, particularly within personal injury, where the claim was commenced prior to LASPO, but appeals were heard later, allowing recovery of additional ATE premia and success fees.
Commercial Litigation:
Rodney is recognised as the pre-eminent claimant consumer credit solicitor by reason of having acted on almost all the significant cases within the Supreme Court, Court of Appeal and County Court; Plevin v. Paragon (November 2017), was and remains a landmark case in establishing unfairness within the Consumer Credit Act (CCA).
Rodney personally handled the claimants’ cases as set below, another landmark decision relative to fiduciary duties owed by loan brokers acting for vulnerable and unsophisticated persons, with the establishment of a fiduciary duty to disclose loan commissions earned (McWilliam – see below).
Rodney settles his own particulars of claim, submissions in support of the directions questionnaire, skeleton argument for trial etc, and has acted in some high value contractual, regulatory and tortious matters.
Motor Finance:
Rodney, more recently recognised a further financial scandal of significant proportions with regard to the manner in which finance is sold, usually by motor dealers, where vehicles are purchased with financial assistance. Rodney, through his company Touch Ltd, a legal services provider, but not a law firm, trained a number of law firms to bring individualised claims, which in large measure, contributed to the Ombudsman receiving tens of thousands of complaints; this in turn has led to the likely introduction of a formal Complaints Scheme. Estimates vary, but it is likely that the consumer lending industry relative to motor vehicles will lead to cumulative payouts in the billions.
Indeed, only recently, Rodney’s pre-eminence in this sector has scored a landmark judgment in the Court of Appeal (Johnson v. FirstRand Bank, Wrench v. FirstRand Bank, Hopcraft v. Close Brothers [2024] EWCA 1282), and rescission of the motor finance loan agreements was upheld in 2 of the cases by reason of the payment of commission being fully secret. Rodney provided the legal training, the claims particulars, skeleton argument and otherwise to the successful Appellant’s Solicitors in the 2 fully secret claims, Johnson’s appeal also succeeded but only a halfway house was claimed so that he obtained an account of all commission paid plus interest.
Competition Law:
Rodney has acquainted himself with competition law, particularly since the introduction of collective proceedings by the Consumer Rights Act 2015; accordingly, Rodney has enjoyed a consultancy with Maitland Walker LLP, a tier 1 law firm and currently has a consultancy with Signature Litigation LLP, which is a litigation only firm with offices in London, Paris and Gibraltar. Rodney’s consultancies arose by reason of his introducing a number of actions suitable for collective proceedings.
Expertise:
By reason of work taken on during his career, Rodney has equally pitted his law firm against leading London-based magic circle and silver circle firms. Indeed, within consumer credit litigation the opponents have always been UK banks and consumer lenders who inevitably instruct most prestigious law firms to represent their interests.
Rodney’s commercial, corporate and litigation experience has for most of his years in private practice been tasked against defendant law firms of the highest repute.
Currently, Rodney, in his capacity as director and trustee of a substantial private property grouping, has materially assisted in a restructuring, involving tax clearance from HMRC.
Publications:
He has published several articles within this jurisprudence in the Solicitors Journal, New Law Journal and The Lawyer Magazine.
Awards and qualifications:
Rodney was voted PPI Lawyer of the Year 2017 (Wealth and Finance Magazine) and Banking Lawyer of the Year UK 2018 (Finance Monthly). He was a licensed Insolvency practitioner for some years, and a member of the Law Society Personal Injury Panel: He is also a member of the Competition Law Association. Rodney is a solicitor with Higher Court Rights of Audience (civil).
Cases of note:
- Barnes v. Black Horse Ltd [2011] 1416 (QB)
- Plevin v. Paragon Personal Finance Ltd [2014] UKSC 61 EWCA 186
- McWilliam v. Norton Finance Ltd [2015] EWCA Civ 186
- Re: Welcome Financial Services Ltd [2015] EWHC 815 (Ch)
- Plevin v. Paragon Personal Finance Ltd [2017] UKSC 23
- Plus, several County Court decisions which had great influence, such as Brookman v. Welcome Finance Ltd [which informed the FCA to bring in the Plevin Rule].
Rodney enjoys Bridge, the theatre, gardening, the gym, reading and walking.
Mobile: 07885 185999
Email: rod@touch.business