header-logo header-logo

22 September 2020
Issue: 7903 / Categories: Legal News , Covid-19 , Landlord&tenant
printer mail-detail

Return of possession

Possession cases have resumed in the courts following a six-month hiatus, with extra judges and court staff scrambled to cope with the deluge

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.

Issue: 7903 / Categories: Legal News , Covid-19 , Landlord&tenant
printer mail-details

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
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
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
back-to-top-scroll