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13 January 2017
Issue: 7729 / Categories: Features , Civil way
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Civil way: 13 January 2017

Possession obstruction; CPR 87th update; Hearing fee refunds axed & “Don’t tell the wife”

SUSPENDED HICCUP

Permission is required to issue a warrant of possession under a suspended order when a breach of the suspended terms is relied on. That was the horror uncovered by the Court of Appeal in Cardiff County Court v Lee (Flowers) [2016] EWCA 1034 (see “Civil way”, 166 NLJ 7721, p17). The Civil Procedure Rule Committee will be consulting on rule change and the safeguards available to tenants and occupiers. In the meantime, a “work around” has been devised which is limited to money payment condition breaches but extends to mortgage lender and borrower as well as landlord and tenant cases.

Enter new form N325A and amended form N445 (which are already up on hmctsformfinder.justice.gov.uk ). The former is a request for a warrant under a suspended order with a statement of payments required and made to be attached and the latter a request for reissue with a similar statement where suspension applies.

A district judge will consider the request and, where granted on paper, the order

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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