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25 November 2020 / Stephen Gold
Issue: 7912 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 26 November 2020

Evictions repossessed; DJs rule, OK!; Insolvency traps; Default notice rewrite; Family agreement enforcement

Bailiffs suffer seizure

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (SI 2020/1290) came into force on 17 November 2020. They generally stop in England residential evictions and even delivery of a residential notice of eviction (so effectively no eviction appointments) until 11 January 2021 and taking control of goods by bailiffs and enforcement agents until the end of the current national lockdown. They do not stay current possession proceedings or prevent the institution of new possession proceedings.

Exemptions to the eviction stoppage are orders made * under CPR 55.6 against trespassers who have been unnamed (that’s better but can a named trespasser be ousted with the unnamed trespassers laughing their heads off?), * wholly or partly on the grounds of anti-social behaviour, nuisance, false statements or domestic abuse in social tenancies, * on the ground of the equivalent of at least nine months’ rent outstanding but with any arrears having

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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