Repossession

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:  

Updated residential mortgage repossession court forms released by the MoJ

Updated residential mortgage repossession court forms released by the MoJ

The Ministry of Justice (‘MoJ’) has now released updated versions of the template court forms for use in connection with residential mortgage repossession cases. The updated forms are:

•N120 Particulars of Claim for Possession (Mortgaged Residential Premises); and 

•N123 Mortgage pre-action protocol checklist.

The release of the updated forms follows the introduction in April 2015 of the revised Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the ‘MPAP’).  

North of the border

North of the border

As the Scottish legal landscape continues to evolve, Denise Loney, Head of Litigation Services, Optima Legal Scotland, summarises the impact of recent changes on secured lenders in Scotland. 

Scottish Court Reform

The Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears

The Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears

The 78th and 79th updates to the Civil Procedure Rules of England & Wales came into force on 6 April 2015 as widely publicised and scheduled.

However, as well as the 78th and 79th updates, changes to the Pre-Action Protocols (new and amended versions) also came into effect on 6 April 2015 including an updated Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the “Mortgage PAP”).

Subscribe to RSS - Repossession