The Civil Procedure Rule Committee (CPRC) have opened a consultation (to be answered by way of an online survey) regarding the enforcement of possession orders.

In his introduction to the Consultation, Lord Justice Coulson notes that the current enforcement procedures appear to be unsatisfactory as there are differing and anomalous systems in the County Court and High Court. In particular:

“In the County Court, there is a system of administrative action and court-appointed bailiffs, involving substantial delays (to the detriment of property owners) albeit with limited costs, and a non-statutory informal procedure for occupiers to be given advance notice of evictions.  In the High Court, there is a system of judicial involvement and external High Court Enforcement Officers, with less delay, but more cost, and a more limited provision for occupiers to be given advance notice of proceedings.”

The CPRC believes that there is a balance to be struck to ensure all parties are treated fairly. The consultation closes on 2 May 2019.

Pete Blackmore

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Pete Blackmore

Head of Advocacy & Supervising Solicitor

Solicitor