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Part 55 Civil Procedure Rules

Including amendments to the CPR 55th Update from 6th April 2011

Practice and Procedure Checklist: CPR 55 and PRACTICE DIRECTION 55A
FORMFINDER

	Rules	Forms
ISSUING etc Start claim in County Court for District in which land situated (unless High Court exception applies in which case file certificate stating reasons) Claim Form Particulars of Claim Form of Defence to be sent with Claim Form plus Guidance Notes Court issues Notice of Issue No Acknowledgement of Service required Judgment in default under CPR 12 not available If D does not file Defence, may still take part in hearing Possession Claims Online	55.3(1)/55.3(2) PD para 1 55.4 PD para 2.1/ para 2.5 55.3(5) 55.7(1) 55.7(4) 55.7(3) PD 55B	N5 N120 N11M + N7 N260B

	Rules	Forms
PRE-HEARING TIMETABLE Court fixes date when it issues Claim Form Hearing date will be not less than 28 days from the date of issue – standard period is not more than 8 weeks D must be served with Claim Form and Particulars of Claim not less than 21 days before hearing date Court may extend or abridge time Within 5 days of receiving notification of the hearing date from the court, C must send notice to the property addressed to "tenant or occupier", housing department of the local authority within which the property is located, and any registered proprietor (other than the claimant) of a registered charge over the property	55.5(1) 55.5(3)(a),(b) 55.5(3)(c) 3.1(2)(a) 55.10.2 (CPR 52nd Update Apr 10)

	Rules	Forms
EVIDENCE All witness statements must be filed and served at least 2 days before the hearing This does not prevent C from adducing up to date account information either orally or in writing at the hearing C should normally produce: • Account information/evidence of conduct of account • Charge Certificate with Mortgage/Conditions • Office copies • Clear Matrimonial Homes rights search – official certificate of search under LRR 2003, r 159(2); Sch 6, pt 5 • Any other relevant information (eg payment of DSS benefits/ISMI) Account information should include: • Amount of advance, current monthly instalment, balance • In cases of arrears of monthly instalments - in schedule form – dates and amounts of payments due/paid – for 2 years pre-issue (unless reliance placed on longer period)	55.8(4) PD para 5.2 PD para 2.5(6) PD para 2.5(2) PD para 2.5(3)

	Rules	Forms
HEARING C must bring 2 completed copies of Form N123 (Protocol Checklist) Where C serves Claim Form/Particulars it must produce at the hearing a Certificate of Service C must also produce: • Copy of notice to tenant/occupiers and local housing authority • Proof of service At the hearing the court may decide the claim or give case management directions Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions will be given including allocation to track Court will have regard to a number of factors in deciding how to allocate to track including the amount of any arrears of mortgage instalments, and D’s conduct If the maker of a witness statement does not attend a hearing and the other party disputes material evidence contained in his statement, the court will normally adjourn the hearing so that oral evidence can be given Summary judgment is not available against a defendant in a residential mortgage possession claim If the court determines the claim, it will either make: • An order for possession absolute • A suspended order for possession	PD 5.5 (CPR 50th Update Oct 09) 55.8(6) 55.10(4) (amended) 55.8(1) 55.8(2) 55.9(1) PD para 5.4 24.3(2)(a)(i)	N123 N215 N26 N31

	Rules	Forms
NOTICE OF EXECUTION Where a mortgagee of land which consists of or includes a dwelling-house has obtained an order for possession, the order may only be executed after 14 days of the mortgagee giving notice that it is applying to court for a warrant of possession	CCR Ord 26 r17 2 and 2A (CPR 53rd Update with effect 1st Oct 10)	New Form N325 Request for Warrant requires mortgagee to certify notice has been given

	Rules	Forms
UNAUTHORISED TENANTS An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended	55.10)(4A) (CPR 53rd Update with effect 1st Oct 10

For Possession Claims Online (PCOL) see PRACTICE DIRECTION 55B

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