In this new article, Anna Medvinskaia and Sabrina Goodchild consider the position of food which is past its use-by date but nevertheless safe. Anna and Sabrina explain the recent decision of the High Court in R (on the application of Tesco Stores Ltd) v Birmingham Magistrates’ Court [2020] EWHC 799 (Admin) and provide practical advice […]
Read more...New Practice Direction on Resumption of Possession Proceedings
20 JulyNew Practice Direction 55C will replace the coronavirus stay of possession proceedings from 24 August 2020. PD 55C contains arrangements for managing the resumption of Part 55 possession proceedings. Notably, there is a requirement for a claimant to file and serve a ‘reactivation notice’ after expiry of the stay if it wishes to resume proceedings. […]
Read more...FCA v Avacade: High Court case on ‘Arrangements’ and ‘Advice’
06 JulyOn 30 June 2020, Adam Johnson QC (sitting as a Deputy Judge) handed down judgment in Financial Conduct Authority v Avacade Limited (In Liquidation) & Others [2020] EWHC 1673 (Ch). This was the FCA’s enforcement action against Avacade Ltd and others. The decision sets out useful and novel guidance on the meaning of “making arrangements” under […]
Read more...Coronavirus Stay Catches Counterclaims for Possession
06 JulyTFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833 is the third in a succession of CA cases on the scope of the ‘coronavirus stay’ imposed by PD51Z. The Court of Appeal has held (in the context of a business tenancy case) that the existence of a counterclaim […]
Read more...June’s PLC Column: Time Orders
02 JulyIn June’s PLC column, Lee Finch considers Time Orders under section 129 of the Consumer Credit Act 1974 in light of Covid-19. The column can be read here: PLC June 2020
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