http://www.legislation.gov.uk/id/uksi/1998/3132

http://www.legislation.gov.uk/uksi/1998/3132/rule/55.3/2007-10-01

The Civil Procedure Rules 1998

Appointments procedure

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

Statute Law Database

2024-05-16

Expert Participation

2007-10-01

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

The Civil Procedure Rules 1998

rule 52.13(1)(a)

The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014

art. 76

art. 1(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 4(b)

The Civil Procedure (Amendment) Rules 2014

rule 39(e)(ii)(aa)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 4(b)

The Civil Procedure (Amendment) Rules 2014

rule 39(e)(ii)(bb)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27rule 10(3)

The Civil Procedure (Amendment) Rules 2014

rule 39(k)(iii)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27Table of Contents

The Civil Procedure (Amendment) Rules 2014

rule 39(a)(i)

rule 2(1)

The Civil Procedure Rules 1998

Sch. 2 CCR Order 27Table of Contents

The Civil Procedure (Amendment) Rules 2014

rule 39(a)(ii)

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The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(i)

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The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(ii)

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The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

The Civil Procedure (Amendment) Rules 2014

rule 4(a)(iii)

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The Civil Procedure Rules 1998

Sch. 2 CCR Order 27

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rule 4(a)(iv)

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The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(i)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 28

The Civil Procedure (Amendment No. 4) Rules 2014

rule 21(a)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(i)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(ii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 39

The Civil Procedure (Amendment No. 4) Rules 2014

rule 22(a)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(ii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iii)

rule 25

rule 1

The Civil Procedure Rules 1998

Sch. 2 CCR Order 44

The Civil Procedure (Amendment No. 4) Rules 2014

rule 3(a)(iv)

rule 25

rule 1

The Civil Procedure Rules 1998

rule 25.1(n)

The Civil Procedure (Amendment No.4) Rules 2005

rule 7(a)(i)

rule 1

F1PART 55POSSESSION CLAIMS

Annotations:

Amendments (Textual)

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

Starting the claim55.3

1

The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise.

2

The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

3

The practice direction refers to circumstances which may justify starting the claim in the High Court.

4

Where, in a possession claim against trespassers, the claimant does not know the name of a person in occupation or possession of the land, the claim must be brought against “persons unknown” in addition to any named defendants.

5

The claim form and form of defence sent with it must be in the forms set out in the relevant practice direction.