The Civil Procedure Rules 1998

[F1Claim referred to judgeE+W

55.15(1) On receipt of the defence the court will—

(a)send a copy to the claimant; and

(b)refer the claim and defence to a judge.

(2) Where the period set out in rule 55.14 has expired without the defendant filing a defence—

(a)the claimant may file a written request for an order for possession; and

(b)the court will refer that request to a judge.

(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—

(a)the period set out in rule 55.14 has expired without the defendant filing a defence; and

(b)the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14,

  • the claim will be stayed.]

Textual Amendments