F1PART 55POSSESSION CLAIMS

Annotations:
Amendments (Textual)

I–GENERAL RULES

Hearing date55.5

1

F3Subject to paragraph (1A), the court will fix a date for the hearing when it issues the claim form.

F21A

If the claim is not made at the County Court hearing centre which serves the address where the land is situated, a date will be fixed for hearing when the claim is received by that hearing centre.

2

In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements—

a

in the case of residential property, not less than 5 days; and

b

in the case of other land, not less than 2 days,

  • before the hearing date.

3

In all other possession claims—

a

the hearing date will be not less than 28 days from the date of issue of the claim form;

b

the standard period between the issue of the claim form and the hearing will be not more than 8 weeks; and

c

the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.

  • (Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule)