
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
In recognising its vital role in administering justice, the Court tried to adopt a ‘business-as-usual’ approach for as long as possible but now recognises that this simply isn’t possible.
We summarise here the current approach being taken by the civil courts, but of course, things are changing daily. We also offer practical suggestions on what to do about upcoming hearings, trials or hearings that have already been adjourned.
The court guidance, which is updated periodically, can be found here – Coronavirus (COVID-19): courts and tribunals planning and preparation.
Current approach:
What about cases involving serious ASB and nuisance?
Our advice on practical steps
Issuing emergency injunctions
There has been no specific comment on injunctions or committals at the moment.
All landlords should think carefully about whether to apply for emergency injunctions. The police should be contacted in relation to individual incidents to use any criminal powers instead. Be aware that even if an injunction were ordered, it is extremely unlikely that a power of arrest breach will be able to be heard by the County Court at short notice and that a court will agree to deal with a committal breach hearing as a telephone hearing.
Where it really is necessary to seek an emergency injunction, we suggest:
We hope the courts will be flexible with such requests in the most urgent and serious cases.
In relation to injunction paperwork please ensure that witness statements are kept short and limited to the incidents. We also suggest that exhibits are much reduced, only attach and refer to those that are necessary and avoid preparing particulars of claim.
Are evictions going to be banned?
Emergency legislation is currently going through Parliament. We have been provided with scant details of the draft provisions relating to possessions and evictions. However, this does not, at present, appear to include any blanket ban on evictions being executed or new possession claims being issued – which is what the Government had suggested it would do. Instead, the current proposals seek to extend any notice period for a S21 Notice, Notice to Quit or Notice of Seeking Possession to three months. This would only apply to any notice served after the Act comes into force (possible this Friday, 27 March) until 30 September 2020. We will continue to monitor the situation for any update or further information.
As we have said, things are changing daily. If you would like any further advice please contact Rebecca Sembuuze or any of the other housing litigators on 0121 212 7400.
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