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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

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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