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Civil way 8 May 2020

07 May 2020 / Stephen Gold
Issue: 7885 / Categories: Features , Procedure & practice , Civil way
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COVID-19

Trespassing on 51Z

We stopped pressed last time on the exclusion from the possession claim and possession enforcement stay of trespass cases (see ‘Civil way’, NLJ 24 April 2010, p20). There are trespass cases and trespass cases. Currently, however, there is no stay distinction between the hardcore squatter on the one hand and the licensee on the other hand who is converted into a squatter when they stay put at the expiration of notice terminating their right to occupy. The latter would include, for example, the service occupier whose employment has ceased and the wife of a serviceman whose right to occupy married quarters has come to an end with the dissolution of the marriage.

The PD that has become the 120th update and which amends CPR PD 51Z clarifies that, as we had suggested, the stay does not preclude the issue of a claim which will then stand stayed. The further clarification is that parties to stayed possession proceedings can make applications for case management directions where

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

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

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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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
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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