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Civil Way: 26 November 2020

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

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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