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The Court of Appeal rules on the lawfulness and operation of PD51Z

Daniel Wand looks at the Court of Appeal ruling on the lawfulness and operation of PD51Z:   Arkin v Marshall & Anr [2020] EWCA Civ 620

The Court of Appeal has recently been asked in the mat-ter of Arkin v Marshall to consider and rule upon the operation of Practice Direction 51Z of the Civil Proce-dure Rules (“CPR”) which was put in place in response to the Covid-19 pandemic and which has the effect of staying all possession claims brought under CPR Part 55, subject to some very minor exceptions. I have written about the Practice Direction and its effect in another article which can be accessed here.
In summary, the Court of Appeal was asked to decide, first, whether the lawfulness of PD51Z was amenable to challenge in the context of private law proceedings given that its lawfulness is a public law issue and, if so, whether it was ultra vires, and sec-ond, whether the stay imposed on all possession proceedings by operation of PD51Z could be lifted on a case-by-case basis.

Click below for the full article:

Property and Housing – Arkin v Marshall

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