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Procedure—stay on claim for possession of land (Practice Direction 51Z) ‘known trespassers’ (Mayor and Burgesses of the Hackney London Borough Council v Powlesland)

Published on: 14 August 2020
Published by: LexisPSL
  • Procedure—stay on claim for possession of land (Practice Direction 51Z) ‘known trespassers’ (Mayor and Burgesses of the Hackney London Borough Council v Powlesland)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Property Disputes analysis: In the context of the coronavirus (COVID-19) outbreak, with effect from 27 March 2020, a combination of CPR PD 51Z and CPR 55.29 imposed, until 23 August 2020, a stay upon possession proceedings and enforcement by writ or warrant. On 20 April 2020, clarification of the extent of the stay was issued, expressly exempting from the stay ‘a claim against trespassers to which CPR Rule 55.6 applies’ (paragraph 2A(a)). CPR 55.6 applies to possession claims issued against ‘persons unknown’. In this case, the High Court judge held that the paragraph 2A(a) exemption applied to a claim against trespassers, even if some of their identities were known to the claimants. Written by James Hanham, barrister at Maitland Chambers, who acted for the claimants. or take a trial to read the full analysis.

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