Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Green light for Mortgage Repossessions? – No. 5 Chambers

‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’

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No. 5 Chambers, 13th October 2020

Source: www.no5.com

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk

Possession claims – More new things and yet more to come – Nearly Legal

‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’

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Nearly Legal, 15th September 2020

Source: nearlylegal.co.uk

The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

The Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project

‘The work undertaken by the “spotlight panel” appointed by the Ministry of Justice, reported in what is being referred to as the “harm report”, has already been commented on here and here. Its full title is “Assessing Risk of Harm to Children and Parents in Private Law Cases”. The purpose of this blog post is to try to see how the harm report fits in with the wider reforms discussed by the President’s Private Law Working Party (the PrLWG) in its two reports.’

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Transparency Project, 24th July 2020

Source: www.transparencyproject.org.uk

Reactivation! – Nearly Legal

‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’

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Nearly Legal, 21st July 2020

Source: nearlylegal.co.uk

Mystery directions – Nearly Legal

‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’

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Nearly Legal, 18th July 2020

Source: nearlylegal.co.uk

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

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Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Regulatory Update: The Tobacco Products Directive – 3PB

Posted June 12th, 2020 in chambers articles, EC law, news, practice directions, sale of goods, smoking by sally

‘The Tobacco Products Directive (2014/40/EU) (“the Directive”) came into force on 19 May 2014, becoming applicable in Member States on 20 May 2016. This article provides a brief update on UK product regulation law as applicable from 20 May 2020.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

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Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

When 52 is also 51 because 55. – Nearly Legal

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk