Property & Real Estate Barristers
Michael Walsh obtains permission to appeal to the Court of Appeal in PD51Z case
16th April 2020
Michael Walsh (instructed by Collyer Bristow LLP) has successfully applied to the High Court for permission to appeal, and for that appeal to be transferred to the Court of Appeal pursuant to CPR 52.23, in a case concerning Practice Direction 51Z (stay of possession proceedings).
The appeal is against the order of HHJ Parfitt dated 15 April 2020 (a summary of which appears here).
HHJ Parfitt decided that PD51Z imposed a general stay on all claims issued under Part 55 and the Court had no power to lift that stay using its case management powers under CPR Part 3.
On 16 April 2020, Kerr J gave permission to appeal on all three grounds of appeal and transferred the appeal to the Court of Appeal.
Expertise: Real Property