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June 30, 2016

“Delay always breeds danger; and to protract a great design is often to ruin it.” (Cervantes).

In the recent case of TBO Investments Limited v Mohun-Smith [2016] EWCA Civ 403 the Court of Appeal handed down some helpful guidance on the application of the ubiquitous test of promptness. The decision is also important for its accompanying examination of the ‘good reason’ for not attending trial requirement contained in CPR r. 39.3(5)(b) and that element of it will be examined in a subsequent articl...

November 20, 2015

A brief look at the options available to PRs when faced with unlawful occupation of the deceased’s home pending realization and / or distribution of the estate.

 

 

 

Introduction

 

Three times this year I have been involved in claims for the possession of the deceased’s home when, against the wishes of the PRs, family members who were also beneficiaries of the deceased’s estate have remained in possession of the house after the deceased’s death. In all three cases, Part 8 claims were originally brou...

October 1, 2015

 

New rules have been introduced which (for the most part) come into force on the 1st October 2015.  Here we look at the key changes, some of which have important implications for litigators dealing with Litigants in Person.

 

 

EARLY NEUTRAL EVALUATION

 

By virtue of the coming into force of The Civil Procedure (Amendment No.4) Rules 2014 on 1st October 2015 (which were laid before Parliament on the 24th July 2015) there is an important amendment to rule 3.1 (by way of an addition to rule 3.1 (2) (m...

July 15, 2015

In addition to introducing simpler, more effective powers for the courts to tackle anti-social behaviour and providing a better level of protection for victims and communities against such behaviour, 


The Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) ('ASBCPL') created new mandatory grounds for possession for secure and assured tenancies on the basis of anti-social behaviour. 

 

Part 5, sections 94 to 100 of the ASBCPL now make it mandatory for a court to grant a possession order...

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