Shorter Reads

Court of Appeal gives judgment in Arkin v Marshall

The Court of Appeal has given judgment in Arkin v Marshall, an important appeal in which Collyer Bristow was heavily involved.

1 minute read

Published 12 May 2020

Authors

Share

Key information

In Arkin v Marshall the Court of Appeal has given judgment. The case involves the Practice Direction 51Z which was brought into play as a result of COVID-19 and which (in its original form) stayed all possession proceedings until the end of June.

The principle challenges to the Practice Direction were:

  • Whether the PD51Z itself was made unlawfully
  • Whether the stay applies to all proceedings under CPR55
  • Whether the court has the power under its general case management powers to lift the stay in individual cases

The Court of Appeal found that the Practice Direction was effectively a pilot scheme and that it was reasonable in the circumstances of the Coronavirus pandemic to reduce the number of hearings to minimise the spread of COVID-19.

Lauren McQue, Senior associate in Collyer Bristow’s Real estate disputes team, comments:

“The Court of Appeal has given judgment in Arkin v Marshall, an important appeal in which Collyer Bristow was heavily involved.

The case concerned CPR Practice Direction 51Z, which effectively prevents (with very limited exceptions) people, including landlords, bringing or progressing possession proceedings until after 25 June 2020 (a date which may be extended further) due to the Coronavirus.

Although the Court found that courts do in principle have power to lift the stay imposed by PD51Z, it said this is only in the most exceptional circumstances.”

The full judgement in Arkin v Marshall & Others [2020] EWCA Civ 620 can be downloaded here.

Related latest updates
PREV NEXT

Related content

Arrow Back to Insights

Shorter Reads

Court of Appeal gives judgment in Arkin v Marshall

The Court of Appeal has given judgment in Arkin v Marshall, an important appeal in which Collyer Bristow was heavily involved.

Published 12 May 2020

Associated sectors / services

Authors

In Arkin v Marshall the Court of Appeal has given judgment. The case involves the Practice Direction 51Z which was brought into play as a result of COVID-19 and which (in its original form) stayed all possession proceedings until the end of June.

The principle challenges to the Practice Direction were:

  • Whether the PD51Z itself was made unlawfully
  • Whether the stay applies to all proceedings under CPR55
  • Whether the court has the power under its general case management powers to lift the stay in individual cases

The Court of Appeal found that the Practice Direction was effectively a pilot scheme and that it was reasonable in the circumstances of the Coronavirus pandemic to reduce the number of hearings to minimise the spread of COVID-19.

Lauren McQue, Senior associate in Collyer Bristow’s Real estate disputes team, comments:

“The Court of Appeal has given judgment in Arkin v Marshall, an important appeal in which Collyer Bristow was heavily involved.

The case concerned CPR Practice Direction 51Z, which effectively prevents (with very limited exceptions) people, including landlords, bringing or progressing possession proceedings until after 25 June 2020 (a date which may be extended further) due to the Coronavirus.

Although the Court found that courts do in principle have power to lift the stay imposed by PD51Z, it said this is only in the most exceptional circumstances.”

The full judgement in Arkin v Marshall & Others [2020] EWCA Civ 620 can be downloaded here.

Associated sectors / services

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Article contributor

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up
    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close