The Court of Appeal has today ruled that the automatic stay on possession hearings also applies to appeals against possession orders. It follows hot on the heels of Arkin v Marshall 2020. The landlord had argued that PD 51Z only applied to CPR Part 55 and that the appeal was governed by CPR Part 52. The Court of Appeal focused on the fact that the proceedings had originally been brought under CPR Part 55 and also the key objective to "protect and manage County Court capacity" in ruling that the appeal should also be stayed.
We are reinforced in the view we take about the proper construction of paragraph 2 in relation to appeals by the purpose of PD51Z "to protect and manage County Court capacity and to ensure the effective administration of justice"