CPR committee consults on rule changes over suspended possession orders

The Civil Procedure Rules Committee has launched a consultation on whether amendments are required to rules and forms dealing with the enforcement of suspended possession orders.

This is in light of the Court of Appeal judgment in Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034.

The consultation paper said the issues for consideration arising from Cardiff v Lee are:

• Should there be a requirement for permission in all instances where there is a suspended order or should there be a distinction between –

(a) orders suspended where the condition is payment of monies and

(b) those orders where the order is suspended on other terms, e.g. undertaking to take an action, refraining from anti-social behaviour\nuisance etc.?

• Should the difference between the requirement for permission in the High Court and County Court remain?

The consultation runs until 30 August 2017. The paper can be viewed here.

See also: Out of the blue - Scott Greenwood looks at the ramifications for social landlords' use of suspended possession orders after the Court of Appeal's decision in Cardiff County Council v Lee.