Insights

September 2018

Background

In October 2016 the Court of Appeal judged in the case of Cardiff County Council v Lee (Flowers) that Civil Procedure Rule (CPR) 83.2(3)(e) required the court’s permission to be obtained before a warrant of possession could be issued where the possession order was made on suspended terms (including payment terms only) and the claimant believed those terms had been breached.  

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November 2017

The Department for Business has recently issued guidance on the Energy & Industrial Strategy (Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“the Regulations”).

April 2017

On 22 March 2017, the final version of the Pre-Action Protocol for Debt Claims (the Protocol), to be annexed to the Civil Procedure Rules of England & Wales was published, with an implementation date of 1 October 2017.

The Protocol will apply to all civil court claims by a ‘business’ seeking payment of a debt from an ‘individual’ (including sole traders), unless the claim is of a type already covered by another Pre-Action Protocol (such as the mortgage possession claims PAP). 

January 2017

Stakeholders in the unsecured lending sector may find the parliamentary debate instigated by Chris Evans MP, which took place before Christmas of some interest.  The debate deals with perceived issues surrounding the methods of service of civil legal proceedings on individuals currently used in the England & Wales jurisdiction.

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