In a practice note issued this week, Sir Terence Etherton, the Master of the Rolls, said a ‘cadre of 200 additional Deputy District Judges (and Property Tribunal Judges) has been assembled to assist as required’ with proceedings. Claims have been stayed since 26 March due to the COVID-19 pandemic, but the stay ended on 20 September.
Law Society president Simon Davis said he anticipated a ‘huge increase in cases’ on top of ‘the established backlog and the difficult circumstances facing landlords and tenants’. He warned there were legal aid deserts in Cornwall and Telford, and called on ministers to ensure tenants had legal representation during possession proceedings.
Sir Terence’s practice note covers listing and prioritisation of cases, and new procedures including a requirement that the claimant set out information on the impact of the pandemic on the defendant, and the introduction of ‘COVID-19 case marking’ to draw the court’s attention to certain cases and a ‘review date’ designed to encourage the parties to come to an amicable agreement. Claims issued before 3 August will not be listed until a reactivation notice has been served.
Samuel Lane, solicitor at Irwin Mitchell, said: ‘The COVID-19 marking is sure to be contentious with both parties likely to be keen to have the claim marked in their favour.
‘This step, along with the addition of the ‘review date’, appears to be creating further work for an already over-worked system. It is likely that some claims may take up to, if not in excess of, 18 months to resolve from the date a notice is issued to the date that possession is achieved, if bailiffs are required.’
The new arrangements were drawn up by a working group of interested parties convened in June, and can be viewed at: bit.ly/2FZKtPz.
