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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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