The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 55 E+W POSSESSION CLAIMS

Textual Amendments

F1 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 E+W

The hearing E+W

55.8— (1) At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—

(a) decide the claim; or

(b) give case management directions.

(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3) Except where—

(a) the claim is allocated to the fast track [F2 , the intermediate track] or the multi-track; or

(b) the court orders otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

• (Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.

(5) In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.

(6) Where the claimant serves the claim form and particulars of claim, [F3 the claimant] must produce at the hearing a certificate of service of those documents and rule [F4 6.17(2)(a)] does not apply.]

Textual Amendments

F2 Words in rule 55.8(3)(a) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(1) (with rule 2)

F3 Words in rule 55.8(6) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 28(a)(i)

F4 Word in rule 55.8(6) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 28(a)(ii)