Rules committee consults on enforcement of possession orders and aligning court procedures

Launching the consultation, Lord Justice Coulson, Deputy Head of Civil Justice, suggested that the CPR appeared to be “unsatisfactory” in relation to enforcement of possession orders.

The judge said: “There are two differing, and anomalous, systems in the High Court and in the County Court. In the County Court, there is a system of administrative action and court-appointed bailiffs, involving substantial delays (to the detriment of property owners) albeit with limited costs, and a non-statutory informal procedure for occupiers to be given advance notice of evictions.

“In the High Court, there is a system of judicial involvement and external High Court Enforcement Officers, with less delay, but more cost, and a more limited provision for occupiers to be given advance notice of proceedings.”

Lord Justice Coulson highlighted how the differences between the two systems and the weaknesses of each, “particularly in terms of delay, cost and limited notice to those being evicted (and who may have rights to apply to the court)”, had been noted in a number of both historic and more recent judicial decisions and in recent reports, including The Final Report of The (Briggs) Civil Courts Structure Review which recommended that there should be at least harmonisation of the operation processes of the enforcing agents.

“The CPRC recognises that there is a balance to be struck; for example, on the one hand there may be a landlord who is owed several month’s unpaid rent and who may also be in debt as a result of the rent arrears, and on the other hand tenants or other occupiers who ought to know if and when they are to be evicted to enable them to make other provision or make their own representations to the court. All parties should be treated fairly and with respect. Although this issue arises mainly in the residential context, it extends also to commercial premises but where different considerations may be thought to arise,” the Deputy Head of Civil Justice said.

The consultation closes on 2 May 2019.