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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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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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