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The Civil Procedure Rules 1998, Section 55.1 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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55.1 In this Part—
(a)“a possession claim” means a claim for the recovery of possession of land (including buildings or parts of buildings);
(b)“a possession claim against trespassers” means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;
(c)“mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; F2...
[F3(d)“the 1985 Act” means the Housing Act 1985;
(e)“the 1988 Act” means the Housing Act 1988;
(f)“a demotion claim” means a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); F4...
(g)“a demoted tenancy” means a tenancy created by virtue of a demotion order] [F5; and
(h)“a suspension claim” means a claim made by a landlord for an order under section 121A of the 1985 Act.]]
Textual Amendments
F1Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)
F2Word in rule 55.1(c) omitted (30.6.2004) by virtue of The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 10(a)
F3Rules 55.1(d)-(g) substituted for rule 55.1(d) (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 10(b)
F4Word in rule 55.1(f) omitted (1.10.2005) by virtue of The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 42(a)
F5Rule 55.1(h) and word inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 42(b)
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