CJC Final Interim Report of the Working Group on Property Disputes in the Courts & Tribunals

 

In July 2015, the Civil Justice Council set up a working party to consider whether there were advantages in deploying the judiciary in a flexible manner to ensure that all issues in dispute in property cases are dealt with in one forum.1 The distribution of housing, landlord and tenant, property and land registration cases (“property disputes”) in the Courts and the First-tier Tribunal (Property Chamber) means that in some instances litigants are required to make separate applications and obtain several determinations in more than one forum to achieve a final outcome for their dispute.

In December 2015 the group issued a consultation, to which 21 responses were received. In March 2016 a workshop was held to consider options for flexible deployment; it was attended by fifty delegates. The overwhelming preference of respondents and participants was for a housing court to be established. However, if that is not realistic, there was a consensus in favour of the flexible use of judiciary in order to avoid a multiplicity of proceedings, to effect savings and to enhance consistency and to ensure that judicial expertise was appropriately targeted.

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