Made | 23rd January 2001 | ||
Laid before Parliament | 2nd February 2001 | ||
Coming into force in accordance with rule 1 |
2.
In the following rules -
Amendments to the Civil Procedure Rules 1998
3.
After rule 6.1, in the cross-reference, for "proceedings for the recovery of land and mortgage possession actions - see RSC Order 10 r.4 and CCR Order 7 rr.15 and 15A" substitute "possession claims - see Part 55".
4.
In rule 6.24, in paragraph (1)(b)(ii), for "rule 6.26" substitute "rule 6.27".
5.
In rule 8.2A, for paragraphs (1) and (2), substitute -
6.
At the end of Part 10, insert -
7.
- (1) In rule 17.4, in paragraph (1)(b) -
(2) After rule 17.4, in the cross-reference, for "Rule 19.4" substitute "Rule 19.5".
8.
In rule 19.5, in paragraph (1) -
9.
After rule 19.5, insert -
(3) Where the person referred to in paragraph (2) fails to attend the hearing of the application, or comply with any directions, the court may order that he is deprived of any claim against the defendant in respect of the goods.
(4) The application notice must be served on all parties and on the person referred to in paragraph (2).".
10.
After rule 19.8, insert -
(2) The court may at any time direct that notice of the claim be served on a person who is not a party but who will or may be affected by any judgment made in the claim.
(3) An application under this rule -
(4) Unless the court orders otherwise, the notice of the claim under this rule must be -
(5) If a person served with notice of the claim files an acknowledgment of service within 14 days he will become a party to the claim.
(6) If a person served with notice of the claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.
(7) If, after service of the notice of the claim on a person, the claim form is amended so as substantially to alter the relief claimed the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.
(8) The following rules of Part 10 (acknowledgment of service) apply -
(9) A notice under this rule is issued on the date entered on the notice by the court.".
11.
In rule 22.1, in paragraph (1) -
12.
In rule 32.13, in paragraph (1), for "unless the court otherwise directs during the course of the trial" substitute "during the course of the trial unless the court otherwise directs".
13.
After rule 40.19, insert -
14.
In rule 43.2 -
15.
In rule 44.16, in the cross-reference, at the end add -
16.
- (1) In rule 48.8 -
(2) Omit rule 48.9.
17.
After Part 54, insert Part 55 (Possession claims) as set out in Schedule 1.
18.
After Part 55, insert Part 56 (Landlord and tenant claims and miscellaneous provisions about land) as set out in Schedule 2.
19.
In RSC Order 15, omit rules 13A and 16.
20.
In RSC Order 45, in rule 3 -
(b) after paragraph (2), insert -
21.
In RSC Order 62, in paragraph 1(2) of Part II of Appendix 3, for "Order 88, rule 1 (mortgage claims)" substitute "Order 45, rule 3(2)".
22.
In RSC Order 79, in paragraphs (6)(b), (8)(b) and (10)(b) of rule 9, for "clerk of" substitute "justices' chief executive for".
23.
In RSC Order 109, in paragraph (5) of rule 4, for "clerk of" substitute "justices' chief executive for".
24.
In RSC Order 112 -
25.
In RSC Order 113, in paragraph (1) of rule 7, for "under this Order" substitute "in a possession claim against trespassers under Part 55".
26.
In RSC Order 116, in paragraph (14)(a) of rule 10, for "justices' clerk" substitute "justices' chief executive".
27.
In CCR Order 24 -
28.
In CCR Order 27 -
29.
In CCR Order 38, in paragraph 10 of the Table in Part III of Appendix B, for "rule 6 or 6A of Order 49" substitute "Section II of CPR Part 55 (Possession claims)".
30.
In CCR Order 47, in rule 5 -
Transitional provisions
31.
Where a claim form -
Revocations
32.
The Orders set out in column 1 of Schedule 3 are revoked to the extent set out in column 2 of that Schedule.
Phillips of Worth Matravers, M.R.
Andrew Morritt, V-C.
Anthony May, L.J.
Richard Holman
Godfrey Gypps
John Leslie
Michael Black
David Foskett
Michelle Stevens-Hoare
David Greene
Tim Parker
Peter Watson
Alan Street
I allow these Rules
Irvine of Lairg,
C.
Dated 23rd January 2001
Contents of this part | |
Interpretation | Rule 55.1 |
I-GENERAL RULES | |
Scope | Rule 55.2 |
Starting the claim | Rule 55.3 |
Particulars of claim | Rule 55.4 |
Hearing date | Rule 55.5 |
Service of claims against trespassers | Rule 55.6 |
Defendant's response | Rule 55.7 |
The hearing | Rule 55.8 |
Allocation | Rule 55.9 |
Possession claims relating to mortgaged residential property | Rule 55.10 |
II-ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY | |
When this section may be used | Rule 55.11 |
Conditions | Rule 55.12 |
Claim form | Rule 55.13 |
Defence | Rule 55.14 |
Claim referred to judge | Rule 55.15 |
Consideration of the claim | Rule 55.16 |
Possession order | Rule 55.17 |
Postponement of possession | Rule 55.18 |
Application to set aside or vary | Rule 55.19 |
I-GENERAL RULES
Scope
55.2
- (1) The procedure set out in this Section of this Part must be used where the claim includes -
(b) a possession claim against trespassers; or
(c) a claim by a tenant seeking relief from forfeiture.
(2) This Section of this Part
Starting the claim
55.3
- (1) The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise.
(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).
(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.
(4) Where, in a possession claim against trespassers, the claimant does not know the name of a person in occupation or possession of the land, the claim must be brought against "persons unknown" in addition to any named defendants.
(5) The claim form and form of defence sent with it must be in the forms set out in the relevant practice direction.
Particulars of claim
55.4
The particulars of claim must be filed and served with the claim form.
(The relevant practice direction and Part 16 provide details about the contents of the particulars of claim)
Hearing date
55.5
- (1) The court will fix a date for the hearing when it issues the claim form.
(2) In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements -
(3) In all other possession claims -
Service of claims against trespassers
55.6
Where, in a possession claim against trespassers, the claim has been issued against "persons unknown", the claim form, particulars of claim and any witness statements must be served on those persons by -
(b) placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the claim form, particulars of claim and any witness statements in a sealed transparent envelope addressed to "the occupiers".
Defendant's response
55.7
- (1) An acknowledgment of service is not required and Part 10 does not apply.
(2) In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.
(3) Where, in any other possession claim, the defendant does not file a defence within the time specified in rule 15.4, he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.
(4) Part 12 (default judgment) does not apply in a claim to which this Part applies.
The hearing
55.8
- (1) At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may -
(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.
(3) Except where -
any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.
(4) Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.
(5) In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.
(6) Where the claimant serves the claim form and particulars of claim, he must produce at the hearing a certificate of service of those documents and rule 6.14(2)(a) does not apply.
Allocation
55.9
- (1) When the court decides the track for a possession claim, the matters to which it shall have regard include -
(2) The court will only allocate possession claims to the small claims track if all the parties agree.
(3) Where a possession claim has been allocated to the small claims track the claim shall be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs shall be in the discretion of the court and shall not exceed the amount that would be recoverable under rule 46.2 (amount of fast track costs) if the value of the claim were up to £3,000.
(4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.
Possession claims relating to mortgaged residential property
55.10
- (1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.
(2) Not less than 14 days before the hearing the claimant must send a notice to the property addressed to "the occupiers".
(3) The notice referred to in paragraph (2) must -
(4) The claimant must produce at the hearing -
II-ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
When this section may be used
55.11
- (1) The claimant may bring a possession claim under this Section of this Part where -
(2) The claim must be started in the county court for the district in which the property is situated.
Conditions
55.12
The conditions referred to in rule 55.11(1)(b) are that -
(f) a notice in accordance with sections 21(1) or 21(4) of the 1988 Act[14] was given to the tenant in writing.
Claim form
55.13
- (1) The claim form must -
(2) All relevant sections of the form must be completed.
(3) The court will serve the claim form by first class post.
Defence
55.14
- (1) A defendant who wishes to -
(2) The defence should be in the form set out in the relevant practice direction.
Claim referred to judge
55.15
- (1) On receipt of the defence the court will -
(2) Where the period set out in rule 55.14 has expired without the defendant filing a defence -
(3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply.
(4) Where -
Consideration of the claim
55.16
- (1) After considering the claim and any defence, the judge will -
(c) strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.
(2) The matters referred to in paragraph (1)(b) are that -
(3) The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).
(4) Where a claim is struck out under paragraph (1)(c) -
Possession order
55.17
Except where rules 55.16(1)(b) or (c) apply, the judge will make an order for possession without requiring the attendance of the parties.
Postponement of possession
55.18
- (1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980[15], the judge may direct a hearing of that issue.
(2) Where the judge directs a hearing under paragraph (1) -
(3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary the date on which possession must be given up.
Application to set aside or vary
55.19
The court may -
Contents of this part | |
I-LANDLORD AND TENANTS CLAIMS | |
Scope and interpretation | Rule 56.1 |
Starting the claim | Rule 56.2 |
Claims under section 24 of the Landlord and Tenant Act 1954 | Rule 56.3 |
II-MISCELLANEOUS PROVISIONS ABOUT LAND | |
Scope | Rule 56.4 |
(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.
Starting the claim
56.2
- (1) The claim must be started in the county court for the district in which the land is situated unless paragraphs (2) or (4) apply or an enactment provides otherwise.
(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).
(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.
(4) A joint claim by a landlord and tenant to authorise an agreement under section 38(4) of the Landlord and Tenant Act 1954 may be started in the High Court or any county court.
Claims under section 24 of the Landlord and Tenant Act 1954
56.3
- (1) This rule applies to a claim for a new tenancy under section 24 of the Landlord and Tenant Act 1954[21].
(2) The claimant must use the Part 8 procedure but the following rules do not apply -
(3) The claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.
(4) Within 14 days after service of the claim form the defendant must file and serve -
(5) Where the defendant files and serves a notice in accordance with paragraph (4)(a), the claim will be stayed for 3 months.
(6) Any party may file and serve a notice requesting the stay to be lifted.
(7) Where a party files a notice in accordance with paragraph (6) the court -
(8) Unless the court otherwise orders where -
(9) Unless the court otherwise orders where -
(10) The claimant must file and serve any written evidence on which he intends to rely within 14 days of service on him of the acknowledgment of service.
(11) The defendant must file and serve any written evidence on which he intends to rely within 14 days of service on him of the claimant's evidence.
(12) The court will give directions about the future management of the claim -
(13) No written evidence may be relied on at the hearing of the claim unless -
II-MISCELLANEOUS PROVISIONS ABOUT LAND
Scope
56.4
A practice direction may set out special provisions with regard to claims under the following enactments -
Order | Extent of revocation |
RSC Order 10 | The whole Order. |
RSC Order 88 | Rules 1 to 5 and 7. |
RSC Order 93 | Rule 15. |
RSC Order 97 | The whole Order. |
RSC Order 113 | Rules 1 to 6 and 8. |
CCR Order 4 | Sub-paragraph (a) of rule 3. |
CCR Order 6 | Rules 3, 5 and 5A. |
CCR Order 7 | The whole Order. |
CCR Order 24 | Rules 1 to 5 and 7. |
CCR Order 43 | The whole Order. |
CCR Order 49 | Rules 1, 1A, 2, 4, 6A, 8, 9, 13 and 16. |
[4] S.I. 1998/3132 as amended by S.I. 1999/1008, S.I. 2000/221, S.I. 2000/940, S.I. 2000/1317 and S.I. 2000/2092.back
[10] 1990 c. 41. Section 58 was substituted by section 27 of the Access to Justice Act 1999 (c. 22) with effect from 1st April 2000 (the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000, S.I. 2000/774, and the Access to Justice Act 1999 (Transitional Provisions) Order 2000, S.I. 2000/900).back
[12] 1988 c. 50; section 21 was amended by the Local Government and Housing Act 1989 (c. 42), section 194(1) and Schedule 11, paragraph 103 and by the Housing Act 1996 (c. 52), sections 98 and 99.back
[13] 1988 c. 50; section 19A was inserted by the Housing Act 1996 (c. 52), section 96(1); section 20(1) was amended by section 104 and Schedule 8, paragraph 2(3) of that Act.back
[14] 1988 c. 50; section 21(1) and 21(4) were amended by the Housing Act 1996 (c. 52), section 98.back
[21] 1954 c. 56; section 24 was amended by the Law of Property Act 1969 (c. 59).back