Newsflash: Cardiff v Flowers rule change confirmed and in effect

Business meeting Print publication

01/10/2018

Rob Aberdein and Justin Coley explain a key change to the Civil Procedure Rules (CPR) following the Cardiff CC v Flowers consultation on enforcement of suspended possession orders.

Key change comes into effect

In August we explained proposed changes to the CPR following the Cardiff CC v Flowers consultation on enforcement of suspended possession orders. For details, please see our earlier briefing.

As of today, 1 October 2018, the relevant rule (CPR 83.2 (3) (e)) has been amended with immediate effect, with the wording in bold having been added:

CPR 83.2

(3)   A relevant writ or warrant must not be issued without the permission of the court where—

(e)  under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money).

Walker Morris’ financial services clients and contacts should note that, in line with the new, amended rule, Walker Morris will now be able to resume seeking enforcement of suspended orders for possession based on payment terms without the need to seek permission and without the need to file with the court a schedule of payments due and made.

Lenders will be pleased to note that today’s rule change should speed up the enforcement process, taking less court time and saving costs for the claimant.

For further advice or information, please do not hesitate to contact Rob, Justin or any member of Walker Morris’ Banking & Finance Litigation team.

Contacts