Court of Appeal

Court of Appeal decision has immediate impact on the enforcement of suspended possession orders

Court of Appeal decision has immediate impact on the enforcement of suspended possession orders

A recent decision made by the Court of Appeal in the case of Cardiff County Council v Lee (Flowers) has immediate consequences on the process claimants need to follow before issuing a warrant of possession where the possession order was made on suspended terms. 

Despite the widespread and long-standing practice to issue a warrant of possession to enforce suspended possession orders, without first requesting permission from the court, the Court of Appeal has stated that Civil Procedure Rule (CPR) 83.2(3)(e) applies to such cases. 

CPR 83.2(3)(e) states:  

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