The Civil Procedure Rules 1998

Issue of the applicationsE+W

Rule 10—(1) In proceedings in which an application for an interim possession order is made, unless otherwise provided, rules 2 to 7 shall not apply.

(2) The applicant shall file—

(a)a claim form;

(b)a witness statement or affidavit in support; and

(c)an application notice,

each of which shall be in the appropriate prescribed form, together with sufficient copies for service on the respondent.

(3) The witness statement or affidavit shall be sworn by the applicant personally or, where the application for an interim possession order is made by a body corporate, shall be sworn by an officer of the body corporate duly authorised to swear the witness statement or affidavit on its behalf.

(4) On the filing of the documents mentioned in paragraph (2), the court shall—

(a)issue the claim form and the application for an interim possession order;

(b)fix an appointment for the application to be considered; and

(c)insert the time of that appointment in the application notice filed under paragraph (2) and in the copy to be served on the respondent.

(5) The time fixed for consideration of the application for an interim possession order shall be as soon as possible after the documents have been filed, but not less than 3 days after the date on which the application for an interim possession order is issued.