Coronavirus Stay Catches Counterclaims for Possession
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd  EWCA Civ 833 is the third in a succession of CA cases on the scope of the ‘coronavirus stay’ imposed by PD51Z. The Court of Appeal has held (in the context of a business tenancy case) that the existence of a counterclaim for possession makes the whole action (claim and counterclaim) subject to CPR 55. The same reasoning would apply to a lender bringing a counterclaim for possession in an ‘unfair relationship’ claim by a borrower.
Judgment available here.