The High Court has today handed down judgment in Kerrigan & 11 ors v Elevate Credit International Limited (t/a Sunny) (in administration) [2020] EWHC 2169 (Comm). This is the payday lending test case litigation before HHJ Worster (sitting as a Judge of the High Court). Twelve Sample Claims were tried over four weeks in March […]

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 […]

New 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. […]

On 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 […]

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 […]

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

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 […]

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.