Monday, 20 April 2020

COVID-19 REPOSSESSIONS HALTED IV: TRESPASSERS' HONEYMOONS OVER: LATEST

Please see my posts of 27 March 2020 (two) and 01 April 2020 about the stay of  property possession proceedings and the stay on enforcement of  possession orders.

Today a revised CPR Practice Direction has been published (it is to be found in what is called the 120th CPR update) and operates from 18 April 2020. It -
  • Excludes from the stay on bringing possession proceedings and enforcing possession orders, those proceedings that have been brought against and the enforcement of orders wish have been made against TRESPASSERS and that, if I may say so, makes perfect sense. The stays will also not apply to the fast track procedure for dispossessing trespassers by way of interim possession orders.
  • Clarifies that parties to possession proceedings can make applications for case management direction (and this will usually relate to defended cases) where those directions are agreed by them. This will enable the directions to be made by a judge - provided they are not crazy! - on paper and without any court attendances. It will also enable possession proceedings to resume effectively once the stay period is up.
  • Clarifies that, as I have suggested, there is no bar on possession proceedings being commenced in court during the stay period. But it will not be possible to progress them unless they have been brought against trespassers.