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

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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

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