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Civil way: 6 August 2021

06 August 2021
Issue: 7944 / Categories: Features , Procedure & practice , Civil way
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Possession: the impossible dream?; CPR 133rd update; Port alerts get Mostyn boost; Contact activity drafting; Official Solicitor guides

A SESSION ON POSSESSION

No bailiff or High Court enforcement agent may now execute a warrant or writ of possession without prior service of a notice of enforcement in form N54 not less than 14 days before the evil day although there is an exception in the case of trespassers ab initio. That’s not just temporary coronavirus manna. It’s here to stay and its CPR 83.8A. But the rule was mute on whether a fresh notice was required when the eviction appointment was lost through suspension of the warrant or writ. The Civil Procedure (Amendment no 4) Rules 2021 (SI 2021/855) fill the lacuna as from tomorrow 7 August 2021 (when we expect most enforcers to be snoozing away like innocent babies). When full execution has not taken place on the date specified in the original notice, a further notice is to be delivered to the premises not less than seven days before the

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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