Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where an SPO has been breached.
This has caused great difficulties for landlords nationally; due to the uncertainty left by the case, there are differing approaches taken by courts across the country with some requiring simply a formal N244 application notice and others demanding a witness statement and a draft order. It also meant an increase in court costs as a £100 issue fee for each application was necessary.
Today (20/12/2016) we are pleased to confirm the release of a new court form following emails with the Civil Procedure Rules Committee and, no doubt, the national feedback. Form 325A request for a warrant of possession of land following an SPO – has been released as a “work around” and can be used from 20th December 2016.
Form N325A allows for a schedule of payments due and made to be attached to the warrant request. The N325A and the schedule will then be referred to a judge for consideration and for permission to issue the Warrant to be either granted or refused. This means that a separate N244 application is not necessary, nor is a witness statement in support. No separate application notice fee is payable either which means a substantial cost saving.
This procedure will now be followed in all county courts alleviating the uncertainty for landlords.
The new form is available from the Court Service website and can be found by clicking here.
What is still unclear is the approach to be when enforcing SPOs based on ASB where there has been a breach. The new form 325A refers solely to a payment schedule and doesn’t allow for ASB orders. Further clarification is being sought on this point at present. In the meantime, landlords should carefully follow any procedure set out in the ASB SPO for the issue of a Warrant following breaches.
The Civil Procedure Rules Committee will be consulting in the new year regarding a formal amendment to the court rules following the Cardiff case so watch this space for further proposed amendments in the near future and respond to the consultations!
For more information
Please contact Alex Loxton or any member of the Housing Litigation team on 0121 212 7400.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
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
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.