Master of the Rolls publishes listing priorities and ‘Overall Arrangements’ for resumption of possession cases in England and Wales

New court processes and guidance come into effect when stay on proceedings is lifted on 21 September 2020

The Master of the Rolls has published listing priorities and the ‘Overall Arrangements’ for the resumption of possession cases in England and Wales from 21 September 2020.

In a statement on the arrangements for how the courts and litigants will deal with possession proceedings after the stay on claims comes to an end on 20 September 2020, Master of the Rolls Sir Terrence Etherton said yesterday -

‘The challenges faced by the courts as a result of the COVID-19 pandemic are well known. Possession cases are also likely to have an effect on litigants which will engage with the wider consequences of the COVID-19 pandemic on individuals, families and businesses.

In light of the challenges which these cases present for the courts and the parties, on 31 May this year I asked Mr Justice Knowles to convene a cross-sector working group to consider, and to address so far as practicable, matters affecting litigants and the courts when the stay on possession proceedings is lifted.’

As a result, the following guidance has been issued -

• Possession proceeding listing priorities in the County Court - sets out the types of cases that should generally be considered a listing priority by judges including certain cases involving domestic violence, anti-social behaviour or possession of temporary accommodation in order for it to be reallocated as temporary accommodation by the local authority;
• Possession Proceedings: Overall Arrangements - provides guidance on how possession proceedings will be conducted, as issued to the courts, including that -
  • claims brought before 3 August 2020 will not be listed, relisted or referred to a judge until a 'Reactivation Notice' is served by either the defendant or the claimant confirming that they wish the case to proceed;
  • there will be an initial ‘review date’ for both stayed and new claims (except in accelerated possession claims) that provides a new opportunity for the defendant to obtain non-means-tested free of charge legally aided advice and assistance and for the claimant and the defendant to reach agreement (with the assistance of the duty adviser);
  • hearings will be primarily physical for substantive hearings, subject to the parties’ agreement; and
  • cases may be marked as 'COVID-19' to highlight any case that is or is claimed to be a direct consequence of COVID-19.

In addition, a substantial amount of other new material has been issued ahead of the lift of the stay on possession proceedings, including -

• Property possession: information for claimants and defendants - a collection of letters, notices and information packs that will be sent to landlord claimants and tenant defendants depending on the status of the claim, published by HMCTS; and
• Understanding the possession action process: guidance for landlords and tenants, published by the MCHLG.

The Master of the Rolls statement on resumption of possession claims is available from judiciary.uk