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Practice Direction 51Z - the stay of all Part 55 possession proceedings and enforcement - has been amended with effect from 20 April 2020. A new 2A now excludes certain kinds of matters from the automatic stay for 90 days from 26 March 2020:...
LB v London Borough of Tower Hamlets (2020) EWCA Civ 439 A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or...
A couple of brief notes. In Opara v Olasemo (HOUSING - RENT REPAYMENT ORDER - unlawful eviction) (2020) UKUT 96 (LC), the Upper Tribunal corrected the First Tier Tribunal on its approach to the standard of proof on an illegal eviction and...
Hertfordshire County Council v Davies (2020) EWHC 838 (QB) An application on the issue of notice under CPR 83.13(8) on permission to issue a High Court writ. Mr Davies was a school caretaker. He and his family lived in a bungalow which was tied to...
Priorities In case you hadn't seen it already, HMCTS are publishing a daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak. This includes civil (County) court listing priorities. As of 15 April 2020, "Priority 1...
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community...
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 - that the landlord was induced to grant the tenancy by a false statement made...
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way....
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This...
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have...
(Update 27 March. For the details of the stay, see here on the new Practice Direction 51Z ) Well now, this is big (and also finally, it would seem, some clarity). According to this MHCLG press release from this evening: From tomorrow (27 March...
Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc). And there is: i) a new Form 6A - the form for...