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Defending Possession Proceedings / Practical tips from Instruction to the directions hearing

Speaker: Hana Cogingsford
Date: Spring 2025

HOUSING

Hana Coginsford has been on the housing team at Bristol Law Centre providing critical free legal advice to help people access justice since January 2023. Hana builds effective cases and strong client relationships, having had relatable personal experiences to some of her clients.

 

Here Hana shares practical tips for defending possession proceedings. She begins with advice on how to manage initial meetings: from building rapport to gathering sufficient information to assess the case and ensuring that clients understand the next steps. She then goes on to talk about costs, highlighting relevant Civil Procedure Rules. Afterwards, she advises on direction to seek at the initial hearing. She ends with some references for essential reading.

 

Key words/topics

Client care

Rapport and trust

Baygreen Properties Ltd v Gil [2002]

Costs

Civil Procedural Rule 45.1(2)(d) and 45.1(2)(e)

Civil Procedural Rule 44.2

Direction to seek at initial hearing

Defence and Counterclaim

Reply and Defence to Counterclaim

Funding

Section 8 and Schedule 2 of the Housing Act 1988

Nearly Legal's S21 Flowchart

The Pre-Action Protocol for possession claims brought by Registered Social Landlords

Pre-Action Protocol for Possession Claims relating to Mortgages

 Housing Possession Duty Desk, a Practical Guide by Simon Mullings & Sue James

Defending Possession Proceedings by Luba et al.

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