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17 February 2011 / Elizabeth Morrison
Issue: 7453 / Categories: Features , Landlord&tenant , Property
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Coming full circle?

Has the pre-Forcelux approach been restored, asks Elizabeth Morrison

Social landlords may not have welcomed the decision in Forcelux v Binnie [2009] EWCA Civ 854, [2010] CP Rep 7. In that case the Court of Appeal held that an initial possession hearing was not a “trial” even if a final possession order was made. Accordingly any application to set aside by a defendant tenant who had not attended the hearing fell to be determined not under CPR 39.3(5), but under rules 3.1(2)(m) and 3.1(7). In so determining, the checklist in rule 3.9 (relief from sanctions) could be considered (see 159 NLJ 7393, p 1580).

Whereas rule 39.3(5) requires a party to meet specific criteria (acting promptly, having good reason for non-attendance, and reasonable prospect of success),  rules 3.1 and 3.9 permit a much wider discretion. Thus, in effect, it became easier for a tenant to set aside a possession order made at a hearing which he had failed to attend for good reason or bad, and even if he had been slow to challenge

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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