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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

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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