Housing Law Practitioners’ Association (“HLPA”) granted permission to intervene in urgent appeal relating stay of possession proceedings during COVID-19 pandemic

The Housing Law Practitioners’ Association (“HLPA”) has been granted permission to intervene in the case of Arkin v Marshall, which is listed to be heard by the Court of Appeal on Thursday 30 April 2020.

The case concerns whether the 3-month stay of possession proceedings under Practice Direction 51Z - in light of the current COVID-19 pandemic - is lawful and if so whether judges can lift the stay in individual cases, to require compliance with case management directions, without the agreement of all parties.

HLPA’s intervention sets out the results of an urgent survey of its members last week, the responses to which made clear the significant difficulties that would be faced by many occupiers if required to engage with proceedings during the current lockdown.

Martin Westgate QC and Daniel Clarke are instructed by James Harrison of Edwards Duthie Shamash Solicitors on behalf of HLPA and its Co-Chairs, Simon Mullings and Marina Sergides.