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Resumption of possession claims – guidance

October 2020 | Landlord and tenant – residential

The Master of the Rolls has issued guidance following the resumption of possession cases from 21 September 2020. It refers to the guidance on prioritisation and the working group’s overall arrangements document. Practitioners should read both, but some of the key points arising are: No claim for possession should be re-started without careful efforts to …

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Commercial eviction ban – extended again

October 2020 | Landlord and tenant – commercial

The ban on commercial evictions has been extended from 30 September 2020 to 31 December 2020. This extension will protect businesses that are struggling to pay their rent due to the impact of Covid-19 from being evicted. The government will also extend the restriction on landlords using commercial rents arrears recovery to enforce unpaid rent …

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Judicial review – basis

October 2020 | Land

The CA has considered an appeal relating to a planning decision to build a new school at Lakenheath, Suffolk. The PC, and latterly a local resident, brought a judicial review challenge – some of the concerns centred around the fact that pupils might be affected by aircraft noise from the adjacent US Air Force base. …

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Children – abduction

October 2020 | Family

In earlier proceedings, an order for a nine-year-old boy’s (K) return to Russia had been made under the Hague Child Abduction Convention. F had made tactical attempts to avoid his son’s return to Russia but he argued that they were ‘entirely justified’. F had, for instance, arranged for K to make an application for asylum. …

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Children – Hague Convention

October 2020 | Family

The court can, under the 1980 Hague Convention, order a child’s return to a state other than that of their habitual residence at the relevant date of wrongful removal or retention. This is what the appeal court concluded in the case of a family who moved from Australia – where C was born – to …

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Procedure – various amendments

October 2020 | Family

A raft of amendments have been made under the FPR, particularly to a number of practice directions including: A new pilot PD36U (Pilot Provision: Service and notification of applications and orders under Part 4 FLA 1996): this is a temporary amendment relating to methods of service provision in view of Covid-19. Amendment to pilot PD36M …

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Expert witnesses – legal aid

October 2020 | Family

The guidance on applying for prior authority for an expert who charges higher rates than those set out in the legal aid regulations has been amended. It includes new guideline rates for some experts. The changes include recommended further hours where additional parties need to be assessed for a psychological or psychiatric expert assessment; and …

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