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Defending Possession Proceedings Post Global 100 – Getting Past the First Hearing

Speaker: Maria Lidiard
Chambers: One Pump Court

In another focused look at social housing law, Maria Liddiard offers a general overview on defending possession claims in the context of the Global 100 case regarding property guardians and house in multiple occupation situations. In particular, the seminar looks at:

CPR 55.8(2)
Filing a defence (or not)?
Part 24 CPR
The second appeal
The current approach
Undefended claims
Defended claims
Other thresholds
Court’s discretion
Application of Global 100
Things to consider for first hearing

Relevant law

Global 100 v Laleva & Anor [2021] EWCA Civ 1835
Birmingham City Council v Stephenson [2016] EWCA Civ 1029
Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch)
Etherington v Burt [2004] EWHC 95 (QB)
Equality Act

Maria is a pupil, specialising in Crime and Housing at One Pump Court. In her crime seat, Maria assisted with a wide range of defence cases in both the Magistrates and Crown Courts, as well as the Court of Appeal. A number of these have involved defences under the Modern Slavery Act 2015. Additionally, she has been involved in several cases with mental health aspects, including where a Trial of Fact has been conducted. She has also gained experience related to inquests into death in custody, and parole hearings.

In her Housing seat, Maria is currently observing and working a variety of areas including the prosecution of landlords under the Environmental Protection Act 1990, homelessness and allocations, possession claims and cases involving anti-social behaviour. Many of these cases have also involved issues under the Equality Act 2010.