The Civil Procedure Rules 1998

(Part 3 contains general rules about the court’s case management powers.)

• (5) If the appeal court—

• (a) refuses an application for permission to appeal;

• (b) strikes out an appellant’s notice; or

• (c) dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

• (6) Where paragraph (5) applies—

• (a) the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

• (b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Hearing of appeals

52.21

• (1) Every appeal will be limited to a review of the decision of the lower court unless—

• (a) a practice direction makes different provision for a particular category of appeal; or

• (b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

• (2) Unless it orders otherwise, the appeal court will not receive—

• (a) oral evidence; or

• (b) evidence which was not before the lower court.

• (3) The appeal court will allow an appeal where the decision of the lower court was—

• (a) wrong; or

• (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

• (4) The appeal court may draw any inference of fact which it considers justified on the evidence.

• (5) At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.

Non-disclosure of Part 36 offers and payments

52.22

• (1) Unless the appeal court otherwise orders, the fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

• (a) an application for permission to appeal; or

• (b) an appeal,

until all questions (other than costs) have been determined.

• (2) Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

• (3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.4 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, this rule applies to a Part 36 offer whether made in the original proceedings or in the appeal.)

SECTION V — Special provisions relating to the Court of Appeal

Assignment of appeals to the Court of Appeal

52.23

• (1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—

• (a) an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or

• (b) there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the separate statutory power to direct that an appeal which would be heard by the County Court or the High Court should be heard instead by the Court of Appeal – see section 57 of the Access to Justice Act 1999.)

• (2) The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

Who may exercise the powers of the Court of Appeal

52.24

• (1) A court officer assigned to the Civil Appeals Office who is—

• (a) a barrister; ...

• (b) a solicitor ; or

• (c) a Fellow of the Chartered Institute of Legal Executives or a CILEX lawyer,

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

• (2) The matters referred to in paragraph (1) are—

• (a) any matter incidental to proceedings in the Court of Appeal;

• (b) any other matter where there is no substantial dispute between the parties; and

• (c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

• (3) A court officer may not decide an application for—

• (a) permission to appeal;

• (b) bail pending an appeal;

• (c) an injunction(GL);

• (d) a stay(GL) of execution of any order or decision of the lower court other than a temporary stay over a period when the Court of Appeal is not sitting or cannot conveniently be convened;

• (e) a stay of proceedings in the lower court.

• (4) Decisions of a court officer will be made without an oral hearing, unless a court officer directs otherwise.

• (5) A party may request any decision of a court officer to be reviewed by a single judge, and—

• (a) the review will be determined on paper without an oral hearing; except that

• (b) the judge determining the review on paper may direct that the review be determined at an oral hearing, and must so direct if the judge is of the opinion that the review cannot be fairly determined on paper without an oral hearing.

• (6) A party may request a decision of a single judge made without a hearing (other than a decision made on a review under paragraph (5) and a decision determining an application for permission to appeal) to be reconsidered, and—

• (a) the reconsideration will be determined by the same or another judge on paper without an oral hearing; except that

• (b) the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing.

• (7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

• (8) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(4) of the Access to Justice Act 1999 provides that there is no appeal from the decision of a single judge on an application for permission to appeal.)

(Section 58(2) of the Senior Courts Act 1981 provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that—

• (a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

• (b) do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Paragraphs (5) and (6) of this rule provide the procedure for the calling into question of such decisions.)

SECTION VI — Special provisions relating to statutory appeals

Statutory appeals – court’s power to hear any person

52.25

• (1) In a statutory appeal any person may apply for permission—

• (a) to file evidence; or

• (b) to make representations at the appeal hearing.

• (2) An application under paragraph (1) must be made promptly.

Appeals under the Law of Property Act 1922

52.26

An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922.

Appeals from certain tribunals

52.27

• (1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

• (2) The tribunal may, on its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

Appeals under certain planning legislation

52.28

• (1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990 against an enforcement notice—

• (a) the appellant;

• (b) the local planning authority; or

• (c) another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

• (2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

• (a) the appellant;

• (b) the local planning authority; or

• (c) another person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

• (3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a listed building enforcement notice—

• (a) the appellant;

• (b) the local planning authority; or

• (c) any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

Appeals under certain legislation relating to pensions

52.29

Where an appeal lies to the High Court—

• (a) under section 151(4) of the Pension Schemes Act 1993 from a determination or direction of the Pensions Ombudsman; or

• (b) under section 217(1) of the Pensions Act 2004 from a determination or direction of the Pension Protection Fund Ombudsman,

the permission of the High Court is required for such an appeal to be brought.

SECTION VII — Reopening final appeals

Reopening of final appeals

52.30

• (1) The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—

• (a) it is necessary to do so in order to avoid real injustice;

• (b) the circumstances are exceptional and make it appropriate to reopen the appeal; and

• (c) there is no alternative effective remedy.

• (2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

• (3) This rule does not apply to appeals to the County Court.

• (4) Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

• (5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

• (6) The judge must not grant permission without directing the application to be served on the other party to the original appeal and giving that party an opportunity to make representations.

• (7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

• (8) The procedure for making an application for permission is set out in Practice Direction 52A.

PART 53 — MEDIA AND COMMUNICATIONS CLAIMS

Rule 53.1	Scope of this Part
Rule 53.2	Specialist list
Rule 53.3	Application of the Civil Procedure Rules
Rule 53.4	Proceedings in the Media and Communications List
Rule 53.5	Summary disposal under the Defamation Act 1996
Rule 53.6	Sources of information

Scope of this Part

53.1

• (1) This Part contains rules about media and communications claims.

• (2) A “media and communications claim” means a claim which—

• (a) satisfies the requirements of paragraph (3) or (4); and

• (b) has been issued in or transferred into the Media and Communications List.

• (3) A High Court claim must be issued in the Media and Communications List if it is or includes a claim for defamation, or is or includes—

• (a) a claim for misuse of private information;

• (b) a claim in data protection law; or

• (c) a claim for harassment by publication.

• (4) Subject to Part 63 and any other applicable provisions, a claim not falling within paragraph (3) may be issued in the Media and Communications List if the claim arises from—

• (a) the publication or threatened publication of information via the media, online or in speech; or

• (b) other activities of the media,

and the claimant considers it is suitable for resolution in that list.

Specialist list

53.2

• (1) The Media and Communications List is a specialist list of the High Court.

• (2) One of the Judges of the King’s Bench Division shall be nominated by the President of the King’s Bench Division to be the Judge in Charge of the Media and Communications List.

• (3) A Media and Communications List Judge is a judge authorised by the President of the King’s Bench Division, in consultation with the President of the Business and Property Division, to hear claims in the Media and Communications List.

• (4) All proceedings in the Media and Communications List will be heard by a Media and Communications Judge, or by a Master of the King’s Bench Division, except that—

• (a) another judge of the King’s Bench Division or Business and Property Division may hear urgent applications if no Media and Communications Judge is available; and

• (b) unless the court otherwise orders, any application relating to enforcement of a Media and Communications List order or judgment for the payment of money will be dealt with by a Master of the King’s Bench Division or District Judge.

Application of the Civil Procedure Rules

53.3

These Rules and their practice directions apply to claims in the Media and Communications List unless this Part or a practice direction provides otherwise.

(Practice Direction 53B makes provision as to statements of case, and for certain kinds of application, in media and communications claims.)

Proceedings in the Media and Communications List

53.4

• (1) A media and communications claim that is issued in the High Court must be issued in the King’s Bench Division, Royal Courts of Justice, and marked in the top left corner “Media and Communications List”.

• (2) A media and communications claim that is issued in a District Registry of the High Court must be transferred either to the County Court or to the Royal Courts of Justice (as appropriate).

Summary disposal under the Defamation Act 1996

53.5

• (1) This rule provides for summary disposal in accordance with the Defamation Act 1996 (“the Act”).

• (2) In proceedings for summary disposal under sections 8 and 9 of the Act, rules 24.4 (procedure), 24.5 (evidence) and 24.6 (directions) apply.

• (3) An application for summary judgment under Part 24 may not be made if—

• (a) an application has been made for summary disposal in accordance with the Act, and that application has not been disposed of; or

• (b) summary relief has been granted on an application for summary disposal under the Act.

• (4) The court may on any application for summary disposal direct the defendant to elect whether or not to make an offer to make amends under section 2 of the Act.

• (5) When it makes a direction under paragraph (4), the court must specify the time by which and the manner in which—

• (a) the election is to be made; and

• (b) the notification of it is to be given to the court and the other parties.

Sources of information

53.6

Unless the court orders otherwise, a party will not be required to provide further information about the identity of the defendant’s sources of information.

(Part 18 provides for requests for further information.)

PART 54 — JUDICIAL REVIEW AND STATUTORY REVIEW

I JUDICIAL REVIEW	I JUDICIAL REVIEW
Scope and interpretation	Rule 54.1
Who may exercise the powers of the High Court	Rule 54.1A
When this Section must be used	Rule 54.2
When this Section may be used	Rule 54.3
Permission required	Rule 54.4
Time limit for filing claim form	Rule 54.5
Claim form	Rule 54.6
Service of claim form	Rule 54.7
Judicial review of decisions of the Upper Tribunal	Rule 54.7A
Acknowledgment of service	Rule 54.8
Failure to file acknowledgment of service	Rule 54.9
Permission given	Rule 54.10
Service of order giving or refusing permission	Rule 54.11
Permission decision without a hearing	Rule 54.12
Defendant etc. may not apply to set aside(GL)	Rule 54.13
Response	Rule 54.14
Where claimant seeks to rely on additional grounds	Rule 54.15
Evidence	Rule 54.16
Court’s powers to hear any person	Rule 54.17
Judicial review may be decided without a hearing	Rule 54.18
Court’s powers in respect of quashing orders	Rule 54.19
Transfer	Rule 54.20
II - PLANNING COURT
General	Rule 54.21
Specialist list	Rule 54.22
Application of the Civil Procedure Rules	Rule 54.23
Further provision about Planning Court claims	Rule 54.24
III ENVIRONMENTAL REVIEW UNDER THE ENVIRONMENT ACT 2021
Scope and interpretation	Rule 54.25
Who may exercise the powers of the High Court	Rule 54.26
When this Section must be used	Rule 54.27
Time limit for filing claim form	Rule 54.28
Claim form	Rule 54.29
Service of claim form	Rule 54.30
Acknowledgment of service	Rule 54.31
Detailed grounds and evidence	Rule 54.32
Failure to file acknowledgment of service	Rule 54.33
Where claimant seeks to rely on additional grounds	Rule 54.34
Other procedural rules	Rule 54.35

SECTION I— — JUDICIAL REVIEW

Scope and interpretation

54.1

• (1) This Section of this Part contains rules about judicial review.

• (2) In this Section—

• (a) a “claim for judicial review” means a claim to review the lawfulness of—

• (i) an enactment; or

• (ii) a decision, action or failure to act in relation to the exercise of a public function.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) “the judicial review procedure” means the Part 8 procedure as modified by this Section;

• (f) “interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and

• (g) “court” means the High Court, unless otherwise stated.

Who may exercise the powers of the High Court

54.1A

• (1) A court officer assigned to the Administrative Court office who is—

• (a) a barrister; ...

• (b) a solicitor ; or

• (c) a Fellow of the Chartered Institute of Legal Executives or a CILEX lawyer,

may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the King’s Bench Division.

• (2) The matters referred to in paragraph (1) are—

• (a) any matter incidental to any proceedings in the High Court;

• (b) any other matter where there is no substantial dispute between the parties; and

• (c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

• (3) A court officer may not decide an application for—

• (a) permission to bring judicial review proceedings;

• (b) an injunction;

• (c) a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.

• (4) Decisions of a court officer may be made without a hearing.

• (5) A party may request any decision of a court officer to be reviewed by a judge of the High Court.

• (6) At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.

• (7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

When this Section must be used

54.2

—The judicial review procedure must be used in a claim for judicial review where the claimant is seeking—

• (a) a mandatory order;

• (b) a prohibiting order;

• (c) a quashing order; or

• (d) an injunction under section 30 of the Supreme Court Act 1981 (restraining a person from acting in any office in which he is not entitled to act).

When this Section may be used

54.3

• (1) The judicial review procedure may be used in a claim for judicial review where the claimant is seeking—

• (a) a declaration; or

• (b) an injunction(gl).

Permission required

54.4

The court’s permission to proceed is required in a claim for judicial review whether started under this Section or transferred to the Administrative Court.

Time limit for filing claim form

54.5

• (A1) In this rule—

• “the planning acts” has the same meaning as in section 336 of the Town and Country Planning Act 1990;

• “decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and

• “economic operator” has the same meaning as in regulation 2(1) of the Public Contracts Regulations 2015.

• (1) The claim form must be filed—

• (a) promptly; and

• (b) in any event not later than 3 months after the grounds to make the claim first arose.

• (2) The time limits in this rule may not be extended by agreement between the parties.

• (3) This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

• (4) Paragraph (1) does not apply in the cases specified in paragraphs (5), (6) , (6A) and (7).

• (5) Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.

• (6) Where the application for judicial review relates to a decision governed by the Public Contracts Regulations 2015, the claim form must be filed within the time within which an economic operator would have been required by regulation 92(2) of those Regulations (and disregarding the rest of that regulation) to start any proceedings under those Regulations in respect of that decision.

• (6A) Where the application for judicial review relates to a decision to which the Procurement Act 2023 applies, the claim form must be filed within the time within which a supplier would have been required by section 106(1) and (2) of that Act (and disregarding the rest of that section) to start any proceedings in respect of that decision (and for this purpose it does not matter that the claimant is not a supplier).

• (7) Where the application for judicial review is in respect of a failure by a competent authority to comply with the Public Service Obligations in Transport Regulations 2023 in deciding to enter into a public services contract or make a general rule, the claim form must be filed within the applicable time period specified in regulation 24(1) of those Regulations.

Claim form

54.6

• (1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—

• (a) the name and address of any person he considers to be an interested party;

• (b) that he is requesting permission to proceed with a claim for judicial review; ...

• (c) any remedy (including any interim remedy) he is claiming ; and

• (d) where appropriate, the grounds on which it is contended that the claim is an Aarhus Convention claim.

(Rules 46.24 to 46.27 make provision about costs in Aarhus Convention claims.)

Service of claim form

54.7

The claim form must be served on—

• (a) the defendant; and

• (b) unless the court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.

Judicial review of decisions of the Upper Tribunal

54.7A

• (1) Where the Upper Tribunal has refused permission to appeal against a decision of the First-tier Tribunal, no application for judicial review of the Upper Tribunal’s decision, or which relates to the First-tier Tribunal’s decision, may be made except where the question in the judicial review application is—

• (a) whether the application for permission to appeal was validly made to the Upper Tribunal;

• (b) whether the Upper Tribunal when refusing permission to appeal was properly constituted; or

• (c) whether the Upper Tribunal is acting or has acted in bad faith or in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.

• (2) The claim form and the supporting documents must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.

Acknowledgment of service

54.8

• (1) Any person served with the claim form who wishes to take part in the judicial review must file an acknowledgment of service in the approved form in accordance with the following provisions of this rule.

• (2) Any acknowledgment of service must be—

• (a) filed not more than 21 days after service of the claim form; and

• (b) served on—

• (i) the claimant; and

• (ii) subject to any direction under rule 54.7(b), any other person named in the claim form,

as soon as practicable and, in any event, not later than 7 days after it is filed.

• (3) The time limits under this rule may not be extended by agreement between the parties.

• (4) The acknowledgment of service—

• (a) must—

• (i) where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and

• (ii) where the person filing it intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so; and

• (iii) state the name and address of any person the person filing it considers to be an interested party; and

• (b) may include or be accompanied by an application for directions.

• (5) Rule 10.3(2) does not apply.

(Section 31(3C) of the Senior Courts Act 1981 requires the court, where it is asked to do so by the defendant, to consider whether the outcome for the claimant would have been substantially different if the conduct complained of had not occurred.)

Reply to acknowledgment of service

54.8A

• (1) A claimant who has been served with any acknowledgment of service in accordance with rule 54.8(2)(b)(i) may file a reply.

• (2) Any reply must be—

• (a) filed not more than 7 days after service of the acknowledgment of service; and

• (b) served on—

• (i) the defendant; and

• (ii) any person served with the claim form,

as soon as practicable and in any event not later than 7 days after it is filed.

• (3) The time limits under this rule may not be extended by agreement between the parties.

• (4) Practice Direction 54A makes provision as to the content and length of any reply.

Failure to file acknowledgment of service

54.9

• (1) Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—

• (a) may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

• (b) provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of—

• (i) detailed grounds for contesting the claim or supporting it on additional grounds; and

• (ii) any written evidence,

may take part in the hearing of the judicial review.

• (2) Where that person takes part in the hearing of the judicial review, the court may take his failure to file an acknowledgment of service into account when deciding what order to make about costs.

• (3) Rule 8.4 does not apply.

Permission given

54.10

• (1) Where permission to proceed is given the court may also give directions.

• (2) Directions under paragraph (1) may include—

• (a) a stay(GL) of proceedings to which the claim relates;

• (b) directions requiring the proceedings to be heard by a Divisional Court.

Service of order giving or refusing permission

54.11

The court will serve—

• (a) the order giving or refusing permission; and

• (ai) any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 31(3F) of the Senior Courts Act 1981; and

• (b) any directions,

on—

• (i) the claimant;

• (ii) the defendant; and

• (iii) any other person who filed an acknowledgment of service.

Permission decision where court requires a hearing

54.11A

• (1) This rule applies where the court wishes to hear submissions on—

• (a) whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so

• (b) whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.

• (2) The court may direct a hearing to determine whether to give permission.

• (3) The claimant, defendant and any other person who has filed an acknowledgment of service must be given at least 2 days’ notice of the hearing date.

• (4) The court may give directions requiring the proceedings to be heard by a Divisional Court.

• (5) The court must give its reasons for giving or refusing permission.

Permission decision without a hearing

54.12

• (1) This rule applies where the court, without a hearing—

• (a) refuses permission to proceed; or

• (b) gives permission to proceed—

• (i) subject to conditions; or

• (ii) on certain grounds only.

• (2) The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.

• (3) Subject to paragraph (7), the claimant may not appeal but may request the decision to be reconsidered at a hearing.

• (4) A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).

• (5) The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.

• (6) The court may give directions requiring the proceedings to be heard by a Divisional Court.

• (7) Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.

Defendant etc. may not apply to set aside(gl)

54.13

Neither the defendant nor any other person served with the claim form may apply to set aside(gl) an order giving permission to proceed.

Response

54.14

• (1) A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve—

• (a) detailed grounds for contesting the claim or supporting it on additional grounds; and

• (b) any written evidence,

within 35 days after service of the order giving permission.

• (2) The following rules do not apply—

• (a) rule 8.5(3) and 8.5(4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and

• (b) rule 8.5(5) and 8.5(6) (claimant to file and serve any reply within 14 days).

Where claimant seeks to rely on additional grounds

54.15

The court’s permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed.

Evidence

54.16

• (1) Rule 8.6 (1) does not apply.

• (2) No written evidence may be relied on unless—

• (a) it has been served in accordance with any—

• (i) rule under this Section; or

• (ii) direction of the court; or

• (b) the court gives permission.

Court’s powers to hear any person

54.17

• (1) Any person may apply for permission—

• (a) to file evidence; or

• (b) make representations at the hearing of the judicial review.

• (2) An application under paragraph (1) should be made promptly.

Judicial review may be decided without a hearing

54.18

The court may decide the claim for judicial review without a hearing where all the parties agree.

Court’s powers in respect of quashing orders

54.19

• (1) This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.

• (2) The court may—

• (a)

• (i) remit the matter to the decision-maker; and

• (ii) direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or

• (b) in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

(Section 31 of the Supreme Court Act 1981 enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer

54.20

The court may—

• (a) order a claim to continue as if it had not been started under this Section; and

• (b) where it does so, give directions about the future management of the claim.

II PLANNING COURT

General

54.21

• (1) This Section applies to Planning Court claims.

• (2) In this Section, “Planning Court claim” means a judicial review or statutory challenge which —

• (a) involves any of the following matters —

• (i) planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;

• (ii) applications under the Transport and Works Act 1992;

• (iii) wayleaves;

• (iv) highways and other rights of way;

• (v) compulsory purchase orders;

• (vi) village greens;

• (vii) European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;

• (viii) national, regional or other planning policy documents, statutory or otherwise; or

• (ix) any other matter the judge appointed under rule 54.22(2) considers appropriate considers appropriate; and

• (b) has been issued or transferred to the Planning Court.

(Part 30 (Transfer) applies to transfers to and from the Planning Court.)

Specialist list

54.22

• (1) The Planning Court claims form a specialist list.

• (2) A judge nominated by the President of the King’s Bench Division will be in charge of the Planning Court specialist list and will be known as the Planning Liaison Judge.

• (3) The President of the King’s Bench Division will be responsible for the nomination of specialist planning judges to deal with Planning Court claims which are significant within the meaning of Practice Direction 54D, and of other judges to deal with other Planning Court claims.

Application of the Civil Procedure Rules

54.23

These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction provides otherwise.

Further provision about Planning Court claims

54.24

Practice Direction 54D makes further provision about Planning Court claims, in particular about the timescales for determining such claims.

SECTION III — ENVIRONMENTAL REVIEW UNDER THE ENVIRONMENT ACT 2021

Scope and interpretation

54.25

• (1) This Section contains rules about environmental review.

• (2) In this Section—

• (a) “claim for environmental review” means a claim made by the Office for Environmental Protection (“OEP”) under section 38 of the Environment Act 2021;

• (b) “the environmental review procedure” means the Part 8 procedure as modified by this Section;

• (c) “interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and

• (d) “court” means the High Court.

Who may exercise the powers of the High Court

54.26

• (1) Rule 54.1A (excluding paragraph (3)(a) of the rule) applies to a claim for environmental review.

• (2) A claim for environmental review shall be assigned to the Planning Court.

When this Section must be used

54.27

• (1) The environmental review procedure must be used where a claim for environmental review is made.

• (2) Practice Direction 54E applies to the environmental review procedure.

Time limit for filing claim form

54.28

• (1) The claim form must be filed not later than 6 months from the date by which a response to a decision notice was required under section 36(3) of the Environment Act 2021.

• (2) The time limit in paragraph (1) may be extended, but only upon application to the court by the claimant and if the court is satisfied that it is reasonable to do so.

Claim form

54.29

• (1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—

• (a) the name of the public authority, the defendant, against whom the claim for environmental review is brought;

• (b) the name and address of any person the claimant considers to be an interested party; and

• (c) any remedy (including any interim remedy) sought by the claimant.

• (2) The claim form must be accompanied by the documents required by Practice Direction 54E.

Service of claim form

54.30

The claim form must be served on—

• (a) the defendant; and

• (b) unless the court otherwise directs, any person the claimant considers to be an interested party,

within 7 days after the date of issue.

Acknowledgment of service

54.31

• (1) Any person served with the claim form who wishes to take part in the environmental review must file an acknowledgment of service in the relevant practice form in accordance with the following provisions of this rule.

• (2) Any acknowledgment of service must be—

• (a) filed not more than 35 days after service of the claim form; and

• (b) served on—

• (i) the claimant; and

• (ii) subject to any direction under rule 54.30(b), any other person named in the claim form,

as soon as practicable and, in any event, not later than 7 days after it is filed.

• (3) The time limits under this rule may not be extended by agreement between the parties.

• (4) The acknowledgment of service—

• (a) must state the name and address of any person the person filing it considers to be an interested party; and

• (b) may include or be accompanied by an application for directions.

• (5) Rule 10.3(2) does not apply.

Detailed grounds and evidence

54.32

• (1) A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve with the acknowledgement of service—

• (a) detailed grounds for contesting the claim or supporting it on additional grounds; and

• (b) any written evidence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to file acknowledgment of service

54.33

• (1) Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.31 or to comply with 54.32, they may not take part in the hearing of the claim unless the court allows them to do so and they comply with rule 54.31 or any other direction of the court regarding the filing and service of—

• (a) detailed grounds for contesting the claim or supporting it on additional grounds; and

• (b) any written evidence.

• (2) Where that person takes part in the hearing of the environmental review, the court may take their failure to file an acknowledgment of service into account when deciding whether an order as to costs should be made.

• (3) Rule 8.4 does not apply.

Where claimant seeks to rely on additional grounds

54.34

The court’s permission is required if the claimant seeks to rely on grounds other than those set out in the original claim.

Other procedural rules

54.35

Rules 54.10 and 54.16 – 54.20 shall apply to the environmental review procedure, except that—

• (a) references to “permission to proceed” shall be disregarded; and

• (b) the reference in rule 54.19 to “the decision to which the claim relates” shall be read as referring to “the matter to which the claim relates.

PART 55 — POSSESSION CLAIMS

Contents of this part
Coronavirus – temporary provision	Rule 55.A1
Interpretation	Rule 55.1
I–GENERAL RULES
Scope	Rule 55.2
Starting the claim	Rule 55.3
Particulars of claim	Rule 55.4
Hearing date	Rule 55.5
Service of claims against trespassers	Rule 55.6
Defendant’s response	Rule 55.7
The hearing	Rule 55.8
Allocation	Rule 55.9
Possession claims relating to mortgaged residential property	Rule 55.10
II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
When this section may be used	Rule 55.11
Conditions	Rule 55.12
Claim form	Rule 55.13
Defence	Rule 55.14
Claim referred to judge	Rule 55.15
Consideration of the claim	Rule 55.16
Possession order	Rule 55.17
Postponement of possession	Rule 55.18
Application to set aside or vary	Rule 55.19
SECTION III—INTERIM POSSESSION ORDERS
When this section may be used	Rule 55.20
Conditions for IPO application	Rule 55.21
The application	Rule 55.22
Service	Rule 55.23
Defendant’s response	Rule 55.24
Hearing of the application	Rule 55.25
Service and enforcement of the IPO	Rule 55.26
After IPO made	Rule 55.27
Application to set aside IPO	Rule 55.28
Stay of possession proceedings, coronavirus	Rule 55.29
IV — RENTING HOMES WALES - GENERAL RULES
Interpretation	Rule 55.30
Scope	Rule 55.31
Starting the claim	Rule 55.32
Particulars of claim	Rule 55.33
Hearing date	Rule 55.34
Defendant’s response and adding of sub-holder as a party	Rule 55.35
The hearing	Rule 55.36
Allocation	Rule 55.37
Electronic issue of certain Renting Homes possession claims	Rule 55.38
V—RENTING HOMES WALES – ACCELERATED POSSESSION CLAIMS OF DWELLINGS LET ON A STANDARD CONTRACT
Interpretation	Rule 55.39
When this Section may be used	Rule 55.40
Conditions	Rule 55.41
Claim form	Rule 55.42
Defence	Rule 55.43
Claim referred to judge	Rule 55.44
Consideration of the claim	Rule 55.45
Possession order	Rule 55.46
Postponement of possession	Rule 55.47
Application to set aside or vary	Rule 55.48

Coronavirus – temporary provision

55.A1

• (1) Practice Direction 55C makes provision for how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by rule 55.29.

• (2) This Part has effect subject to Practice Direction 55C for the period specified, and in the manner specified, in Practice Direction 55C.

Interpretation

55.1

In this Part—

• (a) “a possession claim” means a claim for the recovery of possession of land (including buildings or parts of buildings);

• (b) “a possession claim against trespassers” means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;

• (c) “mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; ...

• (d) “the 1985 Act” means the Housing Act 1985;

• (e) “the 1988 Act” means the Housing Act 1988;

• (f) “a demotion claim” means a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); ...

• (g) “a demoted tenancy” means a tenancy created by virtue of a demotion order ; and

• (h) “a suspension claim” means a claim made by a landlord for an order under section 121A of the 1985 Act.

I–GENERAL RULES

Scope

55.2

• (1) The procedure set out in this Section of this Part must be used where the claim includes—

• (a) a possession claim brought by a—

• (i) landlord (or former landlord);

• (ii) mortgagee; or

• (iii) licensor (or former licensor);

• (b) a possession claim against trespassers; or

• (c) a claim by a tenant seeking relief from forfeiture.

(Where a demotion claim or a suspension claim (or both) is made in the same claim form in which a possession claim is started, this Section of this Part applies as modified by rule 65.12. Where the claim is a demotion claim or a suspension claim only, or a suspension claim made in addition to a demotion claim, Section III of Part 65 applies).

• (2) This Section of this Part

• (a) is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; ...

• (b) does not apply where the claimant uses the procedure set out in Section II of this Part ; and

• (c) does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides

• ...

Starting the claim

55.3

• (1) In the County Court—

• (a) the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

• (b) the claim will be issued by the hearing centre where the claim is made; and

• (c) if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address when it is issued.

(Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)

• (2) The claim may be started in the High Court if the claimant files with their claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth ....

• (3) Practice Direction 55A refers to circumstances which may justify starting the claim in the High Court.

• (4) Where, in a possession claim against trespassers, the claimant does not know the name of a person in occupation or possession of the land, the claim must be brought against “persons unknown” in addition to any named defendants.

• (5) The claim form and form of defence sent with it must be in the forms set out in Practice Direction 55A.

Particulars of claim

55.4

The particulars of claim must be filed and served with the claim form.

Hearing date

55.5

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

• (1A) 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)

Service of claims against trespassers

55.6

Where, in a possession claim against trespassers, the claim has been issued against “persons unknown”, the claim form, particulars of claim and any witness statements must be served on those persons by—

• (a)

• (i) attaching copies of the claim form, particulars of claim and any witness statements to the main door or some other part of the land so that they are clearly visible; and

• (ii) if practicable, inserting copies of those documents in a sealed transparent envelope addressed to “the occupiers” through the letter box; or

• (b) placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the claim form, particulars of claim and any witness statements in a sealed transparent envelope addressed to “the occupiers”.

Defendant’s response

55.7

• (1) An acknowledgment of service is not required and Part 10 does not apply.

• (2) In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.

• (3) Where, in any other possession claim, the defendant does not file a defence within the time specified in rule 15.4, he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

• (4) Part 12 (default judgment) does not apply in a claim to which this Part applies.

The hearing

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 , 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, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

Allocation

55.9

• (1) When the court decides the track for a possession claim, the matters to which it shall have regard include—

• (a) the matters set out in rule 26.13 as modified by the relevant practice direction;

• (b) the amount of any arrears of rent or mortgage instalments;

• (c) the importance to the defendant of retaining possession of the land; ...

• (d) the importance of vacant possession to the claimant ; and

• (e) if applicable, the alleged conduct of the defendant

• (2) The court will only allocate possession claims to the small claims track if all the parties agree.

• (3) Where a possession claim has been allocated to the small claims track the claim shall be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs shall be in the discretion of the court and shall not exceed the amount that would be recoverable under Part 45 if the value of the claim were up to £3,000.

• (4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

Possession claims relating to mortgaged residential property

55.10

• (1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

• (2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

• (a) the property, addressed to “the tenant or the occupier”; ...

• (b) the housing department of the local authority within which the property is located ; and

• (c) any registered proprietor (other than the claimant) of a registered charge over the property.

• (3) The notice referred to in paragraph (2)(a) must—

• (a) state that a possession claim for the property has started;

• (b) show the name and address of the claimant, the defendant and the court which issued the claim form; and

• (c) give details of the hearing.

• (3A) The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.

• (4) The claimant must produce at the hearing—

• (a) a copy of the notices; and

• (b) evidence that they have been sent.

• (4A) An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.

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.

II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY

When this section may be used

55.11

• (1) The claimant may bring a possession claim under this Section of this Part where—

• (a) the claim is brought under section 21 of the 1988 Act³³⁰¹ to recover possession of residential property let under an assured shorthold tenancy other than a demoted assured shorthold tenancy; and

• (b) ... all the conditions listed in rule 55.12 are satisfied.

• (2) The claim—

• (a) may be brought in any County Court hearing centre; and

• (b) will be issued by the hearing centre where it is brought.

• (3) In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord or a private registered provider of social housing.

• ...

Conditions

55.12

The conditions referred to in rule 55.11(1)(b) are that—

• (a) the tenancy and any agreement for the tenancy were entered into on or after 28 February 1997;

• (b) the only purpose of the claim is to recover possession of the property and no other claim is made;

• (c) the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

• (d) the tenancy fulfilled the conditions provided by section 19A of the 1988 Act;

• (e) all the tenancies under which the defendant has occupied the property—

• (i) were the subject of written agreements; or

• (ii) arose by virtue of section 5 of the 1988 Act.

Claim form

55.13

• (1) The claim form must—

• (a) be in the form set out in Practice Direction 55A; and

• (b)

• (i) contain such information; and

• (ii) be accompanied by such documents,

• as are required by that form.

• (2) All relevant sections of the form must be completed.

• (3) The court will serve the claim form by first class post (or an alternative service which provides for delivery on the next working day).

Defence

55.14

• (1) A defendant who wishes to—

• (a) oppose the claim; or

• (b) seek a postponement of possession in accordance with rule 55.18,

• must file his defence within 14 days after service of the claim form.

• (2) The defence should be in the form set out in Practice Direction 55A.

Claim referred to judge

55.15

• (1) On receipt of the defence the court will—

• (a) send a copy to the claimant; and

• (b) refer the claim and defence to a judge.

• (2) Where the period set out in rule 55.14 has expired without the defendant filing a defence—

• (a) the claimant may file a written request for an order for possession; and

• (b) the court will refer that request to a judge.

• (3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply.

• (4) Where—

• (a) the period set out in rule 55.14 has expired without the defendant filing a defence; and

• (b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14,

• the claim will be stayed.

Consideration of the claim

55.16

• (1) After considering the claim and any defence, the judge will—

• (a) make an order for possession under rule 55.17;

• (b) where the judge is not satisfied as to any of the matters set out in paragraph (2)—

• (i) direct that a date be fixed for a hearing; and

• (ii) give any appropriate case management directions; or

• (c) strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.

• (1A) If—

• (a) the judge directs that a date be fixed for hearing in accordance either with paragraph (2) or rule 55.18(1); and

• (b) the claim has not been brought in the County Court hearing centre which serves the address where the land is situated,

the judge will direct that the proceedings should be transferred to that hearing centre.

• (2) The matters referred to in paragraph (1)(b) are that—

• (a) the claim form was served; and

• (b) the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

• (3) The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).

• (4) Where a claim is struck out under paragraph (1)(c)—

• (a) the court will serve its reasons for striking out the claim with the order; and

• (b) the claimant may apply to restore the claim within 28 days after the date the order was served on him.

Possession order

55.17

Except where rules 55.16(1)(b) or (c) apply, the judge will make an order for possession without requiring the attendance of the parties.

Postponement of possession

55.18

• (1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980³³⁰³, the judge may direct a hearing of that issue.

• (2) Where the judge directs a hearing under paragraph (1)—

• (a) the hearing must be held before the date on which possession is to be given up; and

• (b) the judge will direct how many days' notice the parties must be given of that hearing.

• (3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary the date on which possession must be given up.

Application to set aside or vary

55.19

The court may—

• (a) on application by a party within 14 days of service of the order; or

• (b) of its own initiative,

• set aside or vary any order made under rule 55.17.

SECTION III—INTERIM POSSESSION ORDERS

When this section may be used

55.20

• (1) This Section of this Part applies where the claimant seeks an Interim Possession Order.

• (2) In this Section—

• (a) “IPO” means Interim Possession Order; and

• (b) “premises” has the same meaning as in section 12 of the Criminal Law Act 1977.

• (3) Where this Section requires an act to be done within a specified number of hours, rule 2.8(4) does not apply.

Conditions for IPO application

55.21

• (1) An application for an IPO may be made where the following conditions are satisfied—

• (a) the only claim made is a possession claim against trespassers for the recovery of premises;

• (b) the claimant—

• (i) has an immediate right to possession of the premises; and

• (ii) has had such a right throughout the period of alleged unlawful occupation; and

• (c) the claim is made within 28 days of the date on which the claimant first knew, or ought reasonably to have known, that the defendant (or any of the defendants), was in occupation.

• (2) An application for an IPO may not be made against a defendant who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

The application

55.22

• (1) Rules 55.3(1) and (4) apply to the claim.

• (2) The claim form and the defendant’s form of witness statement must be in the form set out in Practice Direction 55A.

• (3) When he files his claim form, the claimant must also file—

• (a) an application notice in the form set out in Practice Direction 55A; and

• (b) written evidence.

• (4) The written evidence must be given—

• (a) by the claimant personally; or

• (b) where the claimant is a body corporate, by a duly authorised officer.

• (Rule 22.1(6)(b) provides that the statement of truth must be signed by the maker of the witness statement)

• (5) The court will—

• (a) issue—

• (i) the claim form; and

• (ii) the application for the IPO; and

• (b) set a date for the hearing of the application.

• (6) The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.

Service

55.23

• (1) Within 24 hours of the issue of the application, the claimant must serve on the defendant—

• (a) the claim form;

• (b) the application notice together with the written evidence in support; and

• (c) a blank form for the defendant’s witness statement (as set out in Practice Direction 55A) which must be attached to the application notice.

• (2) The claimant must serve the documents listed in paragraph (1) in accordance with rule 55.6(a).

• (3) At or before the hearing the claimant must file a certificate of service in relation to the documents listed in paragraph (1) and rule 6.17(2)(a) does not apply.

Defendant’s response

55.24

• (1) At any time before the hearing the defendant may file a witness statement in response to the application.

• (2) The witness statement should be in the form set out in Practice Direction 55A.

Hearing of the application

55.25

• (1) In deciding whether to grant an IPO, the court will have regard to whether the claimant has given, or is prepared to give, the following undertakings in support of his application—

• (a) if, after an IPO is made, the court decides that the claimant was not entitled to the order to—

• (i) reinstate the defendant if so ordered by the court; and

• (ii) pay such damages as the court may order; and

• (b) before the claim for possession is finally decided, not to—

• (i) damage the premises;

• (ii) grant a right of occupation to any other person; and

• (iii) damage or dispose of any of the defendant’s property.

• (2) The court will make an IPO if—

• (a) the claimant has—

• (i) filed a certificate of service of the documents referred to in rule 55.23(1); or

• (ii) proved service of those documents to the satisfaction of the court; and

• (b) the court considers that—

• (i) the conditions set out in rule 55.21(1) are satisfied; and

• (ii) any undertakings given by the claimant as a condition of making the order are adequate.

• (3) An IPO will be in the form set out in Practice Direction 55A and will require the defendant to vacate the premises specified in the claim form within 24 hours of the service of the order.

• (4) On making an IPO the court will set a date for the hearing of the claim for possession which will be not less than 7 days after the date on which the IPO is made.

• (5) Where the court does not make an IPO—

• (a) the court will set a date for the hearing of the claim;

• (b) the court may give directions for the future conduct of the claim; and

• (c) subject to such directions, the claim shall proceed in accordance with Section I of this Part.

Service and enforcement of the IPO

55.26

• (1) An IPO must be served within 48 hours after it is sealed.

• (2) The claimant must serve the IPO on the defendant together with copies of—

• (a) the claim form; and

• (b) the written evidence in support,

in accordance with rule 55.6(a).

• (3) Rules 83.2, 83.3 and 83.26(1) to (9) do not apply to the enforcement of an IPO.

• (4) If an IPO is not served within the time limit specified by this rule, the claimant may apply to the court for directions for the claim for possession to continue under Section I of this Part.

After IPO made

55.27

• (1) Before the date for the hearing of the claim, the claimant must file a certificate of service in relation to the documents specified in rule 55.26(2).

• (2) The IPO will expire on the date of the hearing of the claim.

• (3) At the hearing the court may make any order it considers appropriate and may, in particular—

• (a) make a final order for possession;

• (b) dismiss the claim for possession;

• (c) give directions for the claim for possession to continue under Section I of this Part; or

• (d) enforce any of the claimant’s undertakings.

• (4) Unless the court directs otherwise, the claimant must serve any order or directions in accordance with rule 55.6(a).

• (5) Rule 83.26(10) to (12) applies to the enforcement of a final order for possession.

Application to set aside IPO

55.28

• (1) If the defendant has left the premises, he may apply on grounds of urgency for the IPO to be set aside before the date of the hearing of the claim.

• (2) An application under paragraph (1) must be supported by a witness statement.

• (3) On receipt of the application, the court will give directions as to-

• (a) the date for the hearing; and

• (b) the period of notice, if any, to be given to the claimant and the method of service of any such notice.

• (4) No application to set aside an IPO may be made under rule 39.3.

• (5) Where no notice is required under paragraph (3)(b), the only matters to be dealt with at the hearing of the application to set aside are whether—

• (a) the IPO should be set aside; and

• (b) any undertaking to re-instate the defendant should be enforced,

and all other matters will be dealt with at the hearing of the claim.

• (6) The court will serve on all the parties—

• (a) a copy of the order made under paragraph (5); and

• (b) where no notice was required under paragraph (3)(b), a copy of the defendant’s application to set aside and the witness statement in support.

• (7) Where notice is required under paragraph (3)(b), the court may treat the hearing of the application to set aside as the hearing of the claim.

Stay of possession proceedings, coronavirus

55.29

• (1) Subject to paragraph (2), all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession that are—

• (a) stayed immediately prior to this rule coming into force; or

• (b) brought after this rule comes into force and on or before 19 September 2020,

are stayed until 20 September 2020.

• (2) Paragraph (1) does not apply to—

• (a) a claim against trespassers to which rule 55.6 applies;

• (b) proceedings under Section III of this Part;

• (c) an application for case management directions that are agreed by all the parties; or

• (d) a claim for injunctive relief.

• (3) Paragraph (1) does not prevent the bringing of a claim notwithstanding that it may be stayed.

• (4) For the purposes of the application of any rule to any proceedings that are stayed by paragraph (1)—

• (a) time does not run; and

• (b) no notice is required to be given by the court.

IV RENTING HOMES WALES - GENERAL RULES

Interpretation

55.30

In this Section of this Part—

• (a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

• (b) “a contract-holder” is the person who makes an occupation contract with a landlord and is a contract-holder under sections 7 and 48 of the 2016 Act;

• (c) “Convention rights” has the meaning provided by the Human Rights Act 1998;

• (d) “a dwelling” means a dwelling let under an occupation contract;

• (e) “an extended possession order” means an order for possession against a sub-holder under section 65 of the 2016 Act;

• (f) “an occupation contract” is a tenancy or licence that is an occupation contract under section 7 of the 2016 Act;

• (g) “a prohibited conduct standard contract order claim” means a claim under section 116 of the 2016 Act;

• (h) “a Renting Homes possession claim” means a claim for the recovery of possession of a dwelling under the 2016 Act;

• (i) “a sub-holder” has the meaning provided by section 59³³⁰¹ of the 2016 Act;

• (j) “a standard contract” has the meaning provided by section 8 of the 2016 Act.

Scope

55.31

• (1) The procedure set out in this Section of this Part must be used where the claim is a Renting Homes possession claim.

(Where a prohibited conduct standard contract order claim is made in the same claim form in which a Renting Homes possession claim is made, this Section of this Part applies. Where the claim is a prohibited conduct standard contract order claim only, Section III of Part 65 applies.)

• (2) This Section of this Part—

• (a) is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim;

• (b) does not apply where the claimant uses the procedure set out in Section V of this Part;

• (c) applies irrespective of whether an application for an extended possession order may be made in the course of the Renting Homes possession claim.

Starting the claim

55.32

• (1) In the County Court—

• (a) the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

• (b) the claim is to be issued by the hearing centre where the claim is made; and