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Pengelly and Wood: CA Holds No Need for Fiduciary Relationship

31 March

The Court of Appeal has handed down judgment today in the conjoined appeals of Wood v Commercial First Business Ltd & ors and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, in a significant decision on broker secret commission. David Richards LJ gave the lead judgment (with which the others agreed), dismissing […]


FCA v 24Hr Trading and Implications for Arranging Mortgages

27 March

The High Court has recently handed down judgment in Financial Conduct Authority v 24Hr Trading Academy Ltd [2021] EWHC 648 (Ch). The defendant’s business involved the transmission of trading signals to customers via Whats App and Telegram containing recommendations as to trades in CFDs, spread betting and options in relation to FX and commodity prices. Customers were ‘guaranteed’ […]


Application for Permission to Appeal in ‘Gertner’

23 March

CFL Finance Ltd, has applied to the Supreme Court for permission to appeal in CFL Finance Ltd v Gertner [2021] EWCA Civ 228, concerning the issue of what is ‘credit’ in the context of an agreement by way of Tomlin Order. The proposed grounds of appeal are: (i) the CA erred as to the correct […]


CA Judgment in ‘Potter’: PPI and Limitation

11 March

The Court of Appeal handed down judgment this morning in Canada Square Operations Ltd v Potter [2021] EWCA Civ 339. Background On 26 July 2006 Mrs Potter (“C”) had entered into a regulated loan for £16,953.00 (the “Loan”) with Egg Banking plc (which later changed its name to Canada Square Operations Ltd) (“D”). The PPI […]


Case Stated on Town and Country Planning Act 1990 Planning Enforcement Notice

03 March

Wilsdon v North Essex Justices [2021] 2 WLUK 433, 25th February 2021 before Holgate J. Alison Lambert was instructed on behalf of the Respondent (Maldon District Council). The planning authority had served the enforcement notice on the appellant in January 2018. It specified an unlawful change of use of the land for storage purposes. The appellant […]