The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 55 E+W POSSESSION CLAIMS

Textual Amendments

F1 Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)

I–GENERAL RULES E+W

Hearing date E+W

55.5— (1) [F2 Subject to paragraph (1A), the court] will fix a date for the hearing when it issues the claim form.

[F3 (1A) If the claim is not made at the County Court hearing centre which serves the address where the land is situated, a date will be fixed for hearing when the claim is received by that hearing centre.]

(2) In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements—

(a) in the case of residential property, not less than 5 days; and

(b) in the case of other land, not less than 2 days,

• before the hearing date.

(3) In all other possession claims—

(a) the hearing date will be not less than 28 days from the date of issue of the claim form;

(b) the standard period between the issue of the claim form and the hearing will be not more than 8 weeks; and

(c) the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.

• (Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule)]

Textual Amendments

F2 Words in rule 55.5(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 22(b)(i); S.I. 2014/954, art. 2(a)

F3 Rule 55.5(1A) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 22(b)(ii); S.I. 2014/954, art. 2(a)