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 test for whether a settlement agreement provides credit within the meaning of the CCA 1974 and (ii) the CA erred in determining whether there was a triable issue on the question of credit (and consequently Judge Briggs should have dismissed the bankruptcy petition).
A summary of the CA’s decision may be read here.
NLJ article on the CA’s decision here: NLJ Gertner
CFL Finance Ltd is represented by Kate Urell and Sabrina Goodchild; Mr Moises Gertner is represented by Jonathan Kirk QC, Fred Philpott and Lee Finch, all of Gough Square.