IS PD 51Z VALID? COURT OF APPEAL WILL HEAR CASE ON POSSESSION PROCEEDINGS ON THE 30th APRIL

The Nearly Legal Housing Law blog reports that the Court of Appeal will hear an appeal on the 30th April as to whether PD 51Z is valid.

 

THE CASE

The appeal is a leapfrogged appeal from a decision of HHJ Parfitt  in the case of  Arkin -v- Marshall, a transcript is available from a link on the Nearly Legal site and is available here.

THE ISSUES ON APPEAL

  • Whether the stay on possession proceedings in PD 51Z is ultra vires.
  • Whether the stay applies to the requirement to comply with case management directions.
  • Whether, in individual cases, the stay should be lifted.

ISSUES OF WIDER IMPORTANCE

The Nearly Legal site reports that the Housing Law Practitioners Association are considering an application to intervene and have issued an urgent call for evidence from housing lawyers.  A link is available here.