It appears that the Court of Appeal is to hear a challenge to Practice Direction 51Z on 30 April 2020.
The case is called Arkin v Marshall.
a) this involves two claims for possession on residential mortgages, apparently by a receiver
b) the challenge is to:
(i) whether the 3-month stay of possession proceedings in PD 51Z is unlawful/ultra vires
(ii) whether the stay applies to the requirement to comply with case management directions in all cases and
(iii) whether the stay should be lifted in individual cases.
Update – I now have a copy of the first instance decision, which is here. The issue was whether the parties must comply with directions during the PD 51Z stay period. It is a Circuit Judge decision which has apparently been given leapfrog permission to go to the Court of Appeal.
Also, the Housing Law Practitioners Association are considering an application to intervene and have issued an urgent call for evidence from housing lawyers. Details in the link.
This could be a very important case for the next few months….