Arrangements for Possession Proceedings

Posted on September 18th, 2020

A new document has been issued by The Master of the Rolls (as Head of Civil Justice) Working Group on Possession Proceedings.

https://www.judiciary.uk/wp-content/uploads/2020/09/Possession-Proceedings-Overall-Arrangements-Version-1.0-17.09.20.pdf

Please use the link above to access the document, it has been regularly updated, SWLA want members to have access to the most up to date version.

Main points within the document;

Re-starting existing cases

• No claim for possession should be re-started without careful efforts to reach compromise.

• Claims brought before 3 August 2020 will not be listed, relisted or referred to a Judge until a party files and serves a “Reactivation Notice” confirming that they wish the case to proceed. There is no rush – this may be done at any time from 21 September 2020 until at least 29 January 2021. A template Reactivation Notice will be available from the Court Service. If a Reactivation Notice has been provided to the Court by a party before 21 September 2020 the Courts can be expected to put it to one side and not deal with it before 21 September 2020; then, on or after 21 September 2020 (as resources allow) the Court will process the filing of it unless requested not to do so by the party who provided it.

• In existing claims where case management directions were made before 21 September 2020, a party filing and serving a Reactivation Notice must propose new dates for directions and proposed hearing date, or state that no new directions are required and that an existing hearing date can be met.

Starting new cases

• No new claim for possession should be started without careful efforts to reach compromise. Regulations both in England and in Wales provide (extended) notice periods before most new claims may be commenced.

• Where a Pre-Action Protocol applies it should be complied with, and compliance will be expected to be shown.