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March’s PLC Column: ‘Gertner’ and Tomlin Orders

08 April

In March’s PLC column, Thom Samuels considers the recent case of CFL Finance Ltd v Gertner [2021] EWCA Civ 228 and its implications for Tomlin Orders. The column may be read here.

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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 […]

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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’ […]

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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 […]

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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 […]

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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 […]

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NLJ Article: Status of Guidance

23 February

In a recent article for the New Law Journal inspired by the government’s COVID-19 guidance, Fred Philpott considers the legal status of guidance. The article may be read here: NLJ Status of Guidance

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CFL Finance v Gertner: CA decision on settlement agreements and credit

23 February

WHEN DOES A TOMLIN ORDER PROVIDE “CREDIT” FOR THE PURPOSES OF THE CONSUMER CREDIT ACT 1974? Introduction The Court of Appeal has this morning handed down its judgment 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 […]

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January’s PLC Column: Judicial Reviews of FOS following ‘Thinkmarkets’

01 February

In January’s PLC column, Ruth Bala considers applications for judicial review of FOS decisions, following the applicant’s recent success in R (on the application of TF Global Markets (UK) Ltd, t/a Thinkmarkets) v Financial Ombudsman Service Ltd & ors [2020] EWHC 3178 (Admin). The column may be read here.

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December’s PLC Column: Amended Default Notice Requirements

19 December

In December’s PLC column, Sabrina Goodchild considers the recently amended form and content requirements for default notices. The column may be read here.

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