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Forum Home  →  Discussion  →  Covid-19 issues  →  Thread

Challenge to the temporary freeze on evictions and home repossessions

shawn mach
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Joined: 14 April 2010

There’s a case in the Court of Appeal today in relation to Practice Direction 51Z that provides that proceedings for possession brought under Part 55 of the Civil Procedure Rules, and all proceedings seeking to enforce an order for possession by a warrant or writ of possession, are stayed for a period of 90 days.

(See rightsnet news: 27 March 2020 for background)

There’s info on the challenge from the Guardian’s live blog:

An attempt to overturn the judiciary’s temporary freeze preventing evictions and home repossessions during the pandemic is being made in the court of appeal.

Lawyers for an insolvency firm have lodged an emergency application over the alleged failure to keep up payments on mortgages on two houses in Hertfordshire that were already the subject of a legal dispute.

The judicial practice direction ensuring that no one would lose their homes during the outbreak or be the subject of legal action that could result in being made homeless was authorised by the master of the rolls, Sir Terence Etherton, who is head of the civil judiciary in England and Wales.

... and also from Nearly Legal.