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PLC Sep 20: Broker Secret Commission Update

30 September

In September’s PLC column, Ruth Bala gives an update on broker secret commissions following the recent High Court cases of Wood v Commercial First Business Ltd (in liquidation) & ors [2019] EWHC 2205 (Ch) and Pengelly v Business Mortgage Finance 4 plc [2020] EWHC 2002 (Ch).


PLC Aug 20: Causation and ‘Kerrigan’

09 September

In August’s PLC column Sabrina Goodchild considers the impact of Kerrigan & 11 ors v Elevate Credit International Limited (t/a Sunny) (in administration) [2020] EWHC 2169 (Comm), the payday lending test case, on how causation operates in ‘unfair relationship’ and FSMA s138D claims.


PLC June 2020: Time Orders

02 July

In June’s PC column, Lee Finch considers Time Orders under section 129 of the Consumer Credit Act 1974 in light of Covid-19.


PLC May 20: Proof of Assignment following ‘Emanuel’

12 May

In May’s PLC column, Ruth Bala considers the impact of Promontoria (Oak) Ltd v Emanuel [2020] EWHC 104 (Ch) on proof of assignment.


PLC March 2020: Covid-19 and Regulated Lending

30 March

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.


PLC Feb 2020: Pre-Action Disclosure Applications

21 February

Pre-Action Disclosure applications are becoming increasingly common in claims against financial service providers.  In the February 2020 column, Lee Finch considers these requests and attempts to use the subject access rights in the Data Protection Act 2018 to achieve the same ends, explaining some of the grounds on which to oppose such requests and the tactical advantages […]


PLC Jan 20: Categorise Your Mortgage

03 February

In January’s PLC column, Ruth Bala explains how to categorise your mortgage, in order to identify the applicable regulatory regime.


PLC Nov 2019: Credit Broker Commissions

27 December

In November’s Column, James Ross considers the issue of credit broker commissions following the recent decision in Wood v Commercial First Business Ltd (in liquidation) [2019] EWHC 2205.


PLC Oct 2019: burden of proof in Unfair Relationship claims

01 November

In August’s column, Thomas Samuels considers the burden of proof in Unfair Relationship claims following the case of Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch).  


PLC Aug 19: Interest Rate Variation Clauses

04 September

In August’s Practical Law lending column, Ruth Bala considers the fairness of interest rate variation clauses in consumer credit agreements, following the recent FCA Guidance.