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Following the recent Court of Appeal decision in Cardiff County Council v Lee (Flowers) in respect of issue of a warrant of possession following a suspended order of possession made on terms. The Court of Appeal indicated that the Civil Procedure Rule Committee should consider the wording on form N325.
Having considered at the November and December committee meetings the issues raised by the judgment the Rule Committee will be consulting in the new year on the current rules and the safeguards available to tenants and occupiers.
Meanwhile, in the interim HM Courts Service has introduced a work around.
Where a possession order is made and suspended on payment of monies in respect of rent or mortgage, and the terms are breached, the claimant must make their request for issue of a warrant on new Form N325A.
For reissue of a warrant Form N445 (as amended) must be used.
In both instances a statement of the payments due and those made must be attached to the N325A or N445.
The request will be considered by the District Judge and if it is determined that the warrant can be issued, an order will be drawn and the warrant issued. If the case is proceeding using PCOL the warrant will be issued through that facility. The usual fees for issue or re-issue of the warrant are payable.
This does mean that requests cannot be made through PCOL, but must be made on paper to the appropriate County Court hearing centre.
The following new and amended forms are available in FormEvo
HM Courts Service have confirmed that, for requests for issue of a warrant where an immediate order has been made, the existing process using N325 should be followed.
