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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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