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New Article on Use-By Dates

31 July

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 on Resumption of Possession Proceedings

20 July

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. […]


FCA v Avacade: High Court case on ‘Arrangements’ and ‘Advice’

06 July

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 […]


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 […]


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