Court Duty: A Reference Guide to Defending Tenants in the Possession Lists

Author: Daniel Bacon
Publisher: Law Brief Publishing
ISBN: 9781914608490
Published In: March 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,119.86

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Contents

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Court Duty: A Reference Guide to Defending Tenants in the Possession Lists by Daniel Bacon will be a comprehensive but easy-reference guide to the defences that may be available to common possession proceedings encountered on Court Duty, with references to legislation, case law and CPR provisions. It will also deal with matters of the court’s discretion and addresses other matters that always arise but can sometimes seem remote or opaque – such as the applicability of the fixed costs regime, the exceptional hardship test, and calculating deemed dates of service.

Developed from the notes the author uses in his own Court Duty practice, this guide is designed to maximise utility when time is short but thoroughness is still required.

Designed for the often-junior solicitors who carry out Court Duty, it is hoped that this guide will be of assistance to all duty advisers, the court itself, and even, perhaps, those acting for the claimants!

Chapter One – General Discretion of the Court and Possible Orders

Chapter Two – Security of Tenure

Chapter Three – Reasonableness of Making a Possession Order

Chapter Four – Deemed Date of Service of the NOSP

Chapter Five – Actual Service of the NOSP

Chapter Six – Personal Service of the NOSP

Chapter Seven – Raising a Defence of Set Off Against Arrears

Chapter Eight – Gas Safety Records and the Validity of a Section 21 Notice

Chapter Nine – The Exceptional Hardship Test

Chapter Ten – Costs

Chapter Eleven – Introduction to Defences

Chapter Twelve – General Defences