The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020

Amendment of the Procedure Rules 1998

2.  In Part 55 of the Civil Procedure Rules 1998(1)—

(a) at the end of the list of contents insert “Stay of possession proceedings, coronavirus Rule 55.29”; and

(b) after rule 55.28 insert—

“Stay of possession proceedings, coronavirus

55.29— (1) Subject to paragraph (2), all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession that are—

(a) stayed immediately prior to this rule coming into force; or

(b) brought after this rule comes into force and on or before 22nd August 2020,

are stayed until 23rd August 2020.

(2) Paragraph (1) does not apply to—

(a) a claim against trespassers to which rule 55.6 applies;

(b) proceedings under Section III of this Part;

(c) an application for case management directions that are agreed by all the parties; or

(d) a claim for injunctive relief.

(3) Paragraph (1) does not prevent the bringing of a claim notwithstanding that it may be stayed.

(4) For the purposes of the application of any rule to any proceedings that are stayed by paragraph (1)—

(a) time does not run; and

(b) no notice is required to be given by the court. ”.

(1)

S.I. 1998/3132. Part 55 was inserted by S.I. 2001/256. There are other amending instruments but none is relevant.