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EFIS 109, December 2016 : Civil Procedure

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In the recent Court of Appeal decision in the case of Cardiff and Lee (Flowers) Cardiff City Council v. Lee (Flowers), the Court of Appeal indicated that the Civil Procedure Rule Committee should consider the wording on form N325.

As an interim measure, the Ministry of Justice has created a new form N325A and amended the existing N445 form to reflect the Court of Appeal's decision in the above case.

Where a possession order has been made and suspended on payment of monies in respect of rent or a mortgage and if the terms are breached, the claimant must make their request for the issue of a warrant on this new N325A form.

Please also find HCPF14, HCPF21A, N21 and N259 which have been converted to include field labels.

N92, N93, N163, N336, N342, N445 and N446 have also received slight amendments.

All forms can be used immediately.

For details of field amendments please go to: www.oyezforms.co.uk/fieldchanges

Forms affected

N21 Order for Examination of Deponent (before the hearing) New/Amended
N92 Application for an administration order New/Amended
N93 List of Creditors, Furnished under Attachment of Earnings Act 1971 New/Amended
N336 Request for and Results of Search in the Attachment of Earnings Index New/Amended
N342 Request for Judgment Summons New/Amended
N445 Request for Reissue of Warrant New/Amended
N446 Request for Reissue of Enforcement or an order to obtain information from Judgment debtor (not warrant) New/Amended
N259 Notice of Appeal against a detailed assessment New/Amended
HCPF21A Order to Add Person as Defendant to Counterclaim (Rule 20.5) New/Amended
N163 Skeleton Argument New/Amended
N325A Request for warrant of possession of land following a suspended order for possession New/Amended
HCPF14 Order under Part 24(No.2) New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.