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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A JUDGE SHOULD NOT HAVE PREVENTED A DEFENDANT TENANT SPEAKING AT A POSSESSION HEARING JUST BECAUSE THEY HAD NOT FILED A DEFENCE: THE CIVIL PROCEDURE RULES HAVE PRIMACY OVER A PEREMPTORY ORDER

A JUDGE SHOULD NOT HAVE PREVENTED A DEFENDANT TENANT SPEAKING AT A POSSESSION HEARING JUST BECAUSE THEY HAD NOT FILED A DEFENCE: THE CIVIL PROCEDURE RULES HAVE PRIMACY OVER A PEREMPTORY ORDER

July 8, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Uncategorized

I am grateful to barrister James Stark for sending me a copy of this judgment which is important to all those involved in landlord and tenant litigation, but also raises interesting issues as to how far an order of the…

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

January 29, 2021 · by gexall · in Civil Procedure, Coronavirus, Members Content

The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021.   THE AMENDED PRACTICE DIRECTION Is available here.  THE RULE 1.1 of the PD now reads ” This…

Resumption of Possession Cases on 20 September 2020:  Statement from the Master of the Rolls

Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls

September 23, 2020 · by gexall · in Coronavirus, Members Content

On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September.  That statement is reproduced below, together with the links referred to….

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