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Textual Amendments
F1Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))
65.28.—[F2(1)] A claim under section 3 of the 1997 Act—
(a)shall be subject to the Part 8 procedure [F3and—]
F4(...)...
[F5(i)in the High Court, must be commenced in the [F6King’s] Bench Division, or
(ii)in the County Court, may be commenced at any County Court hearing centre.]
[F7(2) If the application is commenced at a County Court hearing centre which does not serve the address where—
(a)the defendant resides or carries on business; or
(b)the claimant resides or carries on business,
the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate.
(Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)]]
Textual Amendments
F2Rule 65.28 renumbered as rule 65.28(1) (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(i); S.I. 2014/954, art. 2(a)
F3Word in rule 65.28(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(ii); S.I. 2014/954, art. 2(a)
F4Words in rule 65.28(1)(b) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iii)(aa); S.I. 2014/954, art. 2(a)
F5Rule 65.28(1)(b)(i)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iii)(bb); S.I. 2014/954, art. 2(a)
F6Word in rule 65.28(1)(b)(i) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 34
F7Rule 65.28(2) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(e)(iv); S.I. 2014/954, art. 2(a)