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20 June 2014 / Dr Lisa Whitehouse , Susan Bright
Issue: 7611 / Categories: Features , Property
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Losing a home

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Does the current housing possession process provide effective access to justice? Susan Bright & Lisa Whitehouse report

Every year, more than 220,000 claims are brought for possession, mostly for rent and mortgage arrears. To make the right decision, the judge needs to know not only about the defendant’s financial situation (how much arrears are owed and how much income the occupier has), but also whether eviction really is a “last resort” and what the occupier’s personal circumstances are.

We have recently completed a detailed study exploring how (and whether) this information is made known to judges during the possession process, and what kind of support is available to occupiers. Our findings show that although judges will usually have the facts and figures relating to the payment history available to them, they sometimes have only sketchy information available to them about the occupier’s circumstances more generally. Very few occupiers receive legal advice before the hearing, and it appears that many do not file a defence form or turn up at court to

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NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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