PD 51Z – CLAIMS AND COUNTERCLAIMS: TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors [2020] EWCA Civ 833

On 2 July 2020, in the case of TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors [2020] EWCA Civ 833, the Court of Appeal considered another challenge to the PD 51Z stay (and by extension, the CPR 55.29 stay). The questions considered were:

a.       Was a counterclaim a part 55 possession claim? And;

b.       Did a stay of a possession counterclaim stay an appeal of the original claim?

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