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

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MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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