The Civil Procedure (Amendment No.3) Rules 2005

Amendment to the Civil Procedure Rules 1998

44.  After rule 55.10 insert—

“Electronic issue of certain possession claims

55.10A— (1) A practice direction may make provision for a claimant to start certain types of possession claim in certain courts by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a) provide that only particular provisions apply in specific courts;

(b) specify—

(i) the type of possession claim which may be issued electronically;

(ii) the conditions that a claim must meet before it may be issued electronically;

(c) specify the court where the claim may be issued;

(d) enable the parties to make certain applications or take further steps in relation to the claim electronically;

(e) specify the requirements that must be fulfilled in relation to such applications or steps;

(f) enable the parties to correspond electronically with the court about the claim;

(g) specify the requirements that must be fulfilled in relation to electronic correspondence;

(h) provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.

(3) The Practice Direction may disapply or modify these Rules as appropriate in relation to possession claims started electronically.”.