Possession proceedings
2/7/20
TFS STORES LTD v THE DESIGNER RETAIL OUTLET CENTRES (MANSFIELD) PARTNER LTD [2020] EWCA Civ 833
The automatic stay imposed by PD 51Z and CPR Part 55.29 operated to stay two appeals in possession proceedings. Although the proceedings had been started for declaratory relief under CPR Part 7 (rather than CPR Part 55) and had not been possession proceedings, the landlords had made counterclaims for possession and as a result the whole proceedings became proceedings for possession under CPR Part 55 [26]. Similarly, the inclusion of orders for possession by consent into orders made by the court, meant the proceedings were possession proceedings.
27/5/20
LONDON BOROUGH OF HACKNEY v OKORO [2020] EWCA CIv 681
Practice Direction 51Z “Stay of Proceedings - Coronavirus” prevents enforcement of possession orders made under rules other than CPR Part 55 and imposes a stay on appeals in possession cases, except appeals to the Supreme Court [27].
5/5/20
SANGHA v AMICUS FINANCE PLC [2020] EWHC 1074 (Ch)
A possession order made in favour of a mortgagee at a hearing attended by the mortgagor was a final order, not an interim order [28]. Considers the test for setting aside a final order [34]. To set aside a final order using the power under CPR r 3.1(7) exceptional circumstances are required [36]. If the defendant attended the possession hearing, CPR r 39.3(5) does not apply [44].
11/5/20
ARKIN v MARSHALL [2020] EWCA CIv 620
The lower court had correctly decided that possession proceedings brought by receivers were stayed by Practice Direction 51Z. The court rejected a challenge to the Practice Direction as ultra vires and incompatible with rights of access to justice. If parties agree case management directions they can apply to have the directions embodied in an order [38]. The court has jurisdiction to lift the stay in a particular case, but only in the most exceptional circumstances [45]. Normal case management considerations would not suffice.
27/3/20
With effect from 27/3/20 all possession proceedings under CPR Part 55 and proceedings to enforce orders for possession are stayed for 90 days. Applications for injunctions are excepted.
20/3/20
MORTGAGES AND CORONAVIRUS: FCA GUIDANCE
Customers experiencing payment difficulties are generally to be granted a 3 month payment holiday without any adverse impact on their credit file. Firms should not commence or continue repossession proceedings “at this time”. The guidance is to be reviewed after 3 months.