header-logo header-logo

Civil way 8 May 2020

07 May 2020 / Stephen Gold
Issue: 7885 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll