Getting the Paperwork Right

The Civil Procedure Rule Committee has released a new form of draft order, PF 92, to be used when obtaining permission to enforce an order for possession of land (other than in a claim against trespassers) made in the County Court by a High Court Writ.

In a statement, Master Fontaine, the Senior Master in the Queen’s Bench Division, noted that there had been several occasions where Form N293a had been used incorrectly to transfer up enforcement of orders of possession against tenants and the new draft order would help to make clear that evidence must be provided in order to satisfy the presiding Judge that the conditions of Civil Procedure Rule 83.13(8) are met.

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