Judiciary publishes new Practice Direction in relation to how possession proceedings are to proceed after stay on evictions ends on 23 August 2020

Provisions relate to the resumption of proceedings following lifting of the stay, and to new cases issued after the stay has ceased

The Judiciary has published a new Practice Direction in relation to how possession proceedings are to proceed after the stay on evictions ends in England and Wales on 23 August 2020.

Signed by the Master of the Rolls and the Lord Chancellor, Practice Direction 55C (PD55C) is provided for by the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 and relates partly to the resumption of proceedings following lifting of the stay - that was introduced as a result of the COVID-19 pandemic - and to new cases issued after the stay has ceased.

The main changes introduced by PD55C, that will apply from 23 August 2020 to 28 March 2021, are -

• a requirement for a claimant who wishes to resume stayed proceedings to inform the court and defendant in writing of this after the expiry of the stay in a 'reactivation notice';
• requiring the claimant to provide (in the particulars of claim reactivation notice or for the hearing as appropriate) any relevant information about the defendant’s circumstances to include information on the effect of the pandemic on the defendant and his/her dependants, which will enable the court to have regard to vulnerability, disability, and social security position, and those who are 'shielding';
• to allow the court to fix a date either on or after issue (so that hearings may be appropriately spread out and avoiding 'bunching');
• to suspend the standard period between issue of a claim form and hearing which would not usually be more than eight weeks, again to spread out hearings appropriately, in particular, having regard to court capacity; and
• to require a claimant so far as practicable to produce the full arrears history in advance rather than at the hearing.

NB - the judiciary website advises that -

'Given the temporary and urgent nature of the changes, no existing possession proceedings forms are being modified, nor any new forms being introduced, as a result of the new PD55C.'

For more information, see Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 & the 123rd Practice Direction Update.