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Civil way: 13 January 2017

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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