header-logo header-logo

26 March 2021 / Stephen Gold
Issue: 7926 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

Civil Way—26 March 2021

Tommy Tanked; Online going off a bit; That Was the Week That Was; PPI trap; Tenants stay put

TOMLIN JITTERS

Many regard the Tomlin order as the best thing since sliced bread. Alas, CFL Finance Ltd v Laser Trust [2021] EWCA Civ 228 in which the creditor was unrepresented may have persuaded some debt litigators to return to the carbohydrates for it decided that the schedule to the typical Tomlin order involved a contract which was capable of amounting to a regulated agreement within the Consumer Credit Act 1974 (CCA 1974). That being so, the contract could be unenforceable for non-compliance with one or more of ss 40 (enforcement of agreement made by unlicensed trader), 61–64 (making the agreement including duties to supply copy and notify cancellation rights), 77A (statements in relation to fixed-term agreements) and 86B (notice of arrears under fixed-term etc agreements) of CCA 1974.

But the battleground will be whether a particular scheduled Tomlin contract provided credit by way of debt deferment and on this battle, the Court

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll