Category: practice directions

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

Posted July 10th, 2020 in appeals, chambers articles, civil procedure rules, landlord & tenant, news, practice directions, repossession by sally

‘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

Posted July 8th, 2020 in appeals, chambers articles, civil procedure rules, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘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

Posted June 16th, 2020 in appeals, civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘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

Posted June 10th, 2020 in chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession, time limits by sally

‘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

Posted June 5th, 2020 in appeals, case management, chambers articles, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘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

Posted June 3rd, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘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

Posted May 28th, 2020 in appeals, coronavirus, housing, local government, news, practice directions, repossession by sally

‘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

Posted May 28th, 2020 in appeals, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘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

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

Posted May 13th, 2020 in appeals, civil procedure rules, coronavirus, emergency powers, housing, local government, news, practice directions, repossession by sally

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Not Arkin any more – Nearly Legal

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’

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Nearly Legal, 11th May 2020

Source: nearlylegal.co.uk

Court of Appeal rejects challenge to Covid-19 stay – Litigation Futures

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’

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Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’

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4-5 Gray's Inn Square, 28th April 2020

Source: www.4-5.co.uk

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

Posted May 11th, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession by sally

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

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4-5 Gray's Inn Square, 29th April 2020

Source: www.4-5.co.uk

Client “must not select documents” for disclosure – Litigation Futures

Posted May 7th, 2020 in disclosure, documents, news, practice directions, solicitors by sally

‘It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.’

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Litigation Futures, 6th May 2020

Source: www.litigationfutures.com

Appeal judges to rule on legality of Covid-19 practice direction – Litigation Futures

Posted April 29th, 2020 in appeals, coronavirus, emergency powers, expert witnesses, housing, landlord & tenant, news, practice directions, repossession, stay of proceedings, ultra vires by sally

‘The Court of Appeal is to rule on Thursday on the power of the Master of the Rolls (MR) to make an emergency practice direction in response to Covid-19.’

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Litigation Futures, 29th April 2020

Source: www.litigationfutures.com

Re Z – transparency and participation in the Court of Protection – Transparency Project

Posted April 28th, 2020 in contraception, Court of Protection, disabled persons, judgments, news, practice directions, remote hearings by sally

‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’

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Transparency Project, 25th April 2020

Source: www.transparencyproject.org.uk

Directors Disqualification: Applying for Permission to Act During the Corona Pandemic – Radcliffe Chambers

Posted April 24th, 2020 in chambers articles, company directors, insolvency, news, practice directions by sally

‘On 6 April 2020 the Temporary Insolvency Practice Direction (“TIPD”) came into force. On 7 April 2020 the guidance note issued by Chief ICCJ Briggs confirmed that, for the purposes of TIPD, applications under section 17 Company Directors Disqualification Act 1986 are deemed urgent.’

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Radcliffe Chambers, 17th April 2020

Source: radcliffechambers.com

What property remedies are available during the Covid-19 lockdown? – St Philips Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, practice directions, repossession by sally

‘Practice Direction 51Z, which came into force on 27 March 2020, has imposed a general 90-day stay on new and current Part 55 possession proceedings with (as of 20 April 2020) limited exceptions in a new paragraph 2A.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, employment, news, practice directions, remuneration by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, April 2020

Source: www.11kbw.com