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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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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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