A short introduction to possession hearings
Possession hearings are usually short, practical hearings in the County Court. They are often listed in the county court hearing centre serving the address of the property, and commonly appear in a possession “block list”, meaning several possession claims are listed at the same time. The result is that hearings can move quickly. Advocates therefore need to identify the key issues, the relevant documents and the order sought with clarity and economy. A useful starting point is that default judgment does not apply in the ordinary way. Even if a defendant has not filed a defence before the first hearing, the court will usually consider whether the defendant has attended and raised matters which amount to an arguable defence. If so, the court may give permission for a defence to be filed and adjourn the claim for directions. If the defendant brings a draft defence to the hearing, the claimant’s advocate must be ready to respond to it and explain why the matters raised are not substan...
