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 […]

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 […]

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.

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 […]

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

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 […]

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 […]

Summary On 20th March 2020, Jay J. handed-down his decision in Canada Square Operations Ltd v Potter [2020] EWHC 672 (QB). He dismissed the lender’s appeal against a finding that s. 32 of the Limitation Act 1980 (“LA”) applied to an unfair relationship (“UR”) claim brought under s. 140A of the Consumer Credit Act 1974 […]

In the March 2020 column, Thomas Samuels highlights the key considerations for consumer credit lenders over the coming months arising from the COVID-19 pandemic. The column can be read here: Covid-19

In a new and timely article, Cameron Crowe and Sabrina Goodchild consider the scams which are emerging in relation to the ongoing pandemic and provide practical advice on how these scams could be tackled. The article can be read here: Covid-19 Scams