REVISED PRE-ACTION PROTOCOL ON POSSESSION PROCEEDINGS TO COME INTO EFFECT FROM 5 SEPTEMBER 2011

The Lord Chief Justice’s Office has today announced that following consultation and careful consideration by members of the judiciary, and of the legal profession representing the relevant interests, the Pre-Action Protocol on Possession Proceedings for the courts in mortgage repossession cases has been revised. The revised protocol will come into effect for all mortgage repossession cases in Northern Ireland from Monday 5 September 2011.

The basic premise of the protocol remains the same and sets out the steps that lenders are expected to take before bringing a claim in the courts to ensure that repossessions are a last resort. Lenders are expected to demonstrate that they have tried to discuss and agree alternatives to repossession when borrowers get into trouble with their mortgage repayments. If a case reaches court, lenders are required to tell the court precisely what they have done to comply with the protocol.

NOTES TO EDITORS

1. The protocol is available on the Northern Ireland Courts and Tribunals Service website (www.courtsni.gov.uk).

2. There is a wider package of measures by Government departments and agencies which are aimed at providing the best possible support to debtors and vulnerable borrowers. Since January 2009, the Housing Rights Service, working with the Northern Ireland Courts and Tribunals Service, set up an advice facility at the Royal Courts of Justice and at Laganside Courts for people involved in repossession proceedings who do not have their own legal representation.

ENDS

If you have any further enquiries about this or other court related matters please contact:

Alison Houston
Judicial Communications Officer
Lord Chief Justice’s Office
Royal Courts of Justice
Chichester Street
BELFAST
BT1 3JF

Telephone: 028 9072 5921
Fax: 028 9023 6838
E-mail: alison.houston@courtsni.gov.uk