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Coronavirus Stay Catches Counterclaims for Possession

06 July

TFS 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 […]


June’s PLC Column: Time Orders

02 July

In 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


FCA Fines Banks £64m for Arrears Handling

11 June

The FCA has today fined Lloyds Bank plc, Bank of Scotland plc and The Mortgage Business plc £64,046,800 for breaches of Principles 3 and 6 in relation to their handling of mortgage customers in payment difficulties or arrears. Between April 2011 and December 2015 the banks’ systems and procedures for gathering information from mortgagors in payment […]


Coronavirus Stay Extends to Possession Appeals (updated)

27 May

The Court of Appeal handed down judgment today in London Borough of Hackney v Okoro [2020] EWCA Civ 681, on the scope of the automatic ‘coronavirus stay’ imposed by PD51Z. This was a follow-on appeal to Arkin v Marshall [2020] EWCA Civ 260, with an identically constituted Court of Appeal (Vos C, Underhill V-P and Simler LJ). Whereas Arkin had concerned […]


Gertner v CFL Finance Limited – no provision of credit

22 May

On 22 May, Mr Justice Marcus Smith handed down judgment in Gertner v CFL Finance Limited [2020] EWHC 1241 (Ch), concerning inter alia whether the settlement between the parties, contained in a schedule to a Tomlin Order was a regulated credit agreement under the Consumer Credit Act 1974 (“CCA”). His decision, that the settlement agreement […]


May’s PLC column: Proof of Assignment following ‘Emanuel’

12 May

In May’s PLC regulated lending column Ruth Bala considers the impact of Promontoria (Oak) Ltd v Emanuel [2020] EWHC 104 (Ch) on proof of assignment. The column may be read here.


CA Judgment on Coronavirus Stay in Possession Claims (updated)

11 May

The Court of Appeal has today (11 May 2020) handed down judgment in Arkin (as fixed charge receiver) v Marshall and others [2020] EWCA Civ 620. The Lord Chancellor was joined as an interested party and the Housing Law Practitioners Association intervened by way of written submissions. The appeal was from a decision of HHJ […]


New Article on the Coronavirus restrictions and click & collect business

08 May

In a new article, Chambers’ current pupil, George Spence-Jones considers the Coronavirus restrictions and their impact on click & collect business. The article can be read here: Click and Collect businesses and the Coronavirus restrictions


Modified Gough Square Live

01 May

In these turbulent times, Gough Square Live has modified! This week we come to you in the form of a podcast: GSL – FCA Coronavirus Guidance. Thomas Samuels and Sabrina Goodchild discuss the FCA’s recent temporary coronavirus guidance in relation to consumer finance products. Both Thomas and Sabrina will be available to deal with any […]


Judgment on Coronavirus Stay in Possession Claims

15 April

His Honour Judge Parfitt in the County Court at Central London has held in Arkin (as fixed charge receiver) v Marshall that the 90 day stay in possession claims under Part 55 from 27 March 2020 under Practice Direction 51Z applies to a multi-track case where directions had been given before the stay started and the […]