header-logo header-logo

Home Login E-newsletter About us
13 January 2017
Issue: 7729 / Categories: Features , Civil way
printer mail-detail

Civil way: 13 January 2017

© Copyright LexisNexis 2026. All Rights Reserved.

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll