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17 February 2011 / Elizabeth Morrison
Issue: 7453 / Categories: Features , Landlord&tenant , Property
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Coming full circle?

Has the pre-Forcelux approach been restored, asks Elizabeth Morrison

Social landlords may not have welcomed the decision in Forcelux v Binnie [2009] EWCA Civ 854, [2010] CP Rep 7. In that case the Court of Appeal held that an initial possession hearing was not a “trial” even if a final possession order was made. Accordingly any application to set aside by a defendant tenant who had not attended the hearing fell to be determined not under CPR 39.3(5), but under rules 3.1(2)(m) and 3.1(7). In so determining, the checklist in rule 3.9 (relief from sanctions) could be considered (see 159 NLJ 7393, p 1580).

Whereas rule 39.3(5) requires a party to meet specific criteria (acting promptly, having good reason for non-attendance, and reasonable prospect of success),  rules 3.1 and 3.9 permit a much wider discretion. Thus, in effect, it became easier for a tenant to set aside a possession order made at a hearing which he had failed to attend for good reason or bad, and even if he had been slow to challenge the order. Mr Binnie, faced with forfeiture of a long

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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