New case: The nature of possession proceedings

This is an interesting case as it sets out the nature of possession proceedings under CPR 55. 

In this case, an order for possession of a property had been made in the absence of the defendant and the court had to decide whether a possession proceeding hearing is, by its nature, a trial or a hearing. Depending on the answer to this question, it would determine on what basis the defendant could then apply for relief from forfeiture.

As the Judge pointed out, the usual sort of case, in a busy possession list with perhaps 5 to 10 minutes allowed for each case, will be an undefended case where the defendant, if he attends, has nothing to say. The Judge will look at all the evidence from the claimant – probably all the evidence there is – and make a determination and decision:  he will satisfy himself that the case is made out on the claimant’s evidence and satisfy himself that any necessary statutory requirements are fulfilled; he will make a possession order (suspended or not as the case may be).

Such a process of determination and decision cannot sensibly be called a trial.  Rather it is more of a summary procedure in the sense of a procedure carried out rapidly with the omission of most of the steps which in an ordinary case lead to trial.

Forcelux Limited v Mr Martyn Ewan Binnie [2009] EWCA Civ 854