The Civil Procedure Rules 1998

[F1[F2Consideration of the claimE+W

55.45.—(1) After considering the claim and any defence, the judge may—

(a)make an order for possession under rule 55.46 without requiring the attendance of the parties;

(b)strike out the claim if the claim form discloses no reasonable grounds for bringing the claim; or

(c)where paragraphs (2) or (3) apply—

(i)direct that a date be fixed for a hearing; and

(ii)give any appropriate case management directions.

(2) This paragraph applies where the judge is not satisfied either that the claim form was served or that the claimant has established that they are entitled to recover possession from the defendant.

(3) This paragraph applies where—

(a)an application under section 36 (incomplete written statement) or section 37 (incorrect statement: contract-holder’s application to the court) of the 2016 Act has been made (and not disposed of) in connection with the occupation contract of the dwelling in respect of which the possession claim has been brought;

(b)the claim is a claim under section 178 or section 199 of the 2016 Act, where the issue of retaliatory possession has been raised under section 217 of the 2016 Act;

(c)the claim is a claim under section 170, section 178, section 186, section 191 or section 199 of the 2016 Act, where a defence based on the defendant’s Convention rights is raised.

(5) The court is to give all parties not less than 14 days’ notice of a hearing fixed under paragraph (1)(c)(i).

(6) Where a claim is struck out under paragraph (1)(b)—

(a)the court is to serve its reasons for striking out the claim with the order; and

(b)the claimant may apply to restore the claim within 28 days after the date the order was served on them.]]

Textual Amendments