There is more detail on the stay of possession proceedings that will replace Practice Direction 51Z on 25 June 2020. But first there is an amendment to PD 51Z.
- during the stay, courts are not required to give any notice to parties,
- nor does time run (in relation to time limits) during the stay,
- the PD ceases to have effect on 25 June 2020, when the new rule comes into effect.
Meanwhile, the statutory instrument putting the new rule into effect has been laid. It is here and will come into force on 25 June 2020. The SI adds a new section to CPR Part 55, 55.29, which will read:
“Stay of possession proceedings, coronavirus
55.29—(1) Subject to paragraph (2), all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession that are—
(a) stayed immediately prior to this rule coming into force; or
(b) brought after this rule comes into force and on or before 22nd August 2020,
are stayed until 23rd August 2020.
(2) Paragraph (1) does not apply to—
(a) a claim against trespassers to which rule 55.6 applies;
(b) proceedings under Section III of this Part; (Interim Possession Orders – NL)
(c) an application for case management directions that are agreed by all the parties; or
(d) a claim for injunctive relief.
(3) Paragraph (1) does not prevent the bringing of a claim notwithstanding that it may be stayed.
(4) For the purposes of the application of any rule to any proceedings that are stayed by paragraph (1)—
(a) time does not run; and
(b) no notice is required to be given by the court. ”.
So in effect, the same as PD 51Z with the clarifications, but without any basis for a challenge to its vires. (I suppose extending PD 51Z couldn’t be wholly justified as a ‘pilot project’, in view of Arkin.)
We are used to the Civil Procedure Rules setting time limits, a time limited Rule, on the other hand, is a novelty.