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Civil Way—26 March 2021

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

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MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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