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Civil Way: 29 January 2021

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29 January 2021 / Stephen Gold
Issue: 7918 / Categories: Features , Procedure & practice , Civil way
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Six months’ arrears will do it; ‘There’s a sheriff calling’; MPS at CA; A bit of Brexit

CRUMB FOR LANDLORDS

The ban in England on residential evictions and eviction notice delivery which was extended to 11 January 2021 (see Civil way, NLJ 27 November 2020, p11) has been extended further to 21 February 2021 by the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15). Here’s the crumb for bread-loving landlords. The limited exceptions to the ban have been modified in respect of tenants with rent arrears. At least six months’ arrears accrued before 23 March 2020, as at against the previous nine, will now be sufficient to enable the landlord to be released from the ban. The issue and prosecution of possession proceedings may proceed as may the enforcement of writs and warrants of restitution against those who have returned following eviction. The Ministry of Justice believes that when the court makes an order for possession during the ban period, it will record whether it falls within one

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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
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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
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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
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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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