Coronavirus Stay Catches Counterclaims for Possession

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] 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.

Analysis by Julian Gun Cuninghame here: Case analysis TFS Stores (this article was first published by LexisPSL).

Judgment available here.