The judgment of the Court of Appeal in Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034, nearly two years ago, highlighted the requirement for a beneficiary of a suspended order for possession, which has been breached, to obtain permission to take enforcement steps. Many thought the requirement unnecessary and the MOJ subsequently introduced a new form (N325A) to enable requests for permission to enforce to be made at the same time as requesting a warrant, in order to reduce delays and remove the need for a separate (fee paid) application.

 

In 2017, the Civil Procedure Rule Committee consulted on whether or not amendments should be made to CPR 83.2(3)(e) to remove the requirement for permission to issue a warrant following a breach of a suspended possession order. The Civil Procedure Rule Committee has now announced that CPR 83.2(3)(e) will be amended by statutory instrument to alter ”the requirement to seek permission to enforce a suspended order following a breach, so that a claimant can proceed to enforcement without undue delay”.

 

The precise details of the amending statutory instrument have not yet been released, however the Civil Procedure Rule Committee expects it to be effective from 1 October 2018.