header-logo header-logo

13 January 2017
Issue: 7729 / Categories: Features , Civil way
printer mail-detail

Civil way: 13 January 2017

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll