Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

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CCR ORDER 7

SERVICE OF DOCUMENTS

Recovery of land
     Rule 15  - (1) Where, in the case of a claim form for the recovery of land which is to be served by bailiff, the court is of opinion that it is impracticable to serve the claim form in accordance with any of the foregoing provisions of CPR Part 6, the claim form may be served in a manner authorised by this rule.

    (2) The claim form may be served on any person on the premises who is the husband or wife of the defendant or on any person who has or appears to have the authority of the defendant - 

    (a) to reside or carry on business in the premises or to manage them on behalf of the defendant or to receive any rents or profits of the premises or to pay any outgoings in respect of the premises; or

    (b) to safeguard or deal with the premises or with the furniture or other goods on the premises, and service on any such person shall be effected in the manner required for service of the notice of the day of hearing in accordance with Order 3, rule 6.

    (3) Paragraph (2) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage.

    (4) Where the premises are vacant or are occupied only by virtue of the presence of furniture or other goods, the claim form may be served by affixing it to some conspicuous part of the premises.

    (5) Unless the court otherwise orders, service of a claim form in accordance with this rule shall be good service on the defendant, but if a claim for the recovery of money is joined with the claim for recovery of land, the court shall order the claim form to be marked "not served" with respect to the money claim unless in special circumstances the court thinks it just to hear and determine both claims.

Mortgage possession claims
     Rule 15A  - (1) After the issue of the claim form in a mortgage possession claim the claimant shall not less than 14 days before the hearing send to the address of the property sought to be recovered a notice addressed to the occupiers which - 

    (a) states that possession proceedings have been commenced in respect of the property;

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

    (c) gives details of the case number and of the hearing date.

    (2) The claimant shall either - 

    (a) not less than 14 days before the hearing, file a certificate stating that a notice has been sent in accordance with paragraph (1); or

    (b) exhibit the notice to any witness statement or affidavit used at the hearing.

    (3) In this rule "mortgage possession claim" means a claim in which the claimant claims as mortgagee possession of land which consists of or includes a dwelling-house and "mortgage" has the same meaning as in Order 6, rule 5 (8).



CCR ORDER 13

APPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS

General provisions
     Rule 1  - (10) An appeal shall lie to a judge from any order made by a district judge on an application made in the course of proceedings and the appeal shall be disposed of in private unless the judge otherwise directs.

    (11) An appeal under paragraph (10) shall be made on notice, which shall be filed and served on the opposite party within 5 days after the order appealed from or such further time as the judge may allow.



CCR ORDER 16

TRANSFER OF PROCEEDINGS

Interpleader proceedings under execution
     Rule 7  - (1) This rule applies to interpleader proceedings under an execution which are ordered to be transferred from the High Court.

    (2) Notice of the hearings or pre-trial review of the proceedings shall be given by the court officer to the sheriff as well as to every other party to the proceedings.

    (3) The interpleader claimant shall, within 8 days of the receipt by him of the notice referred to in paragraph (2), file in triplicate particulars of any goods alleged to be his property and the grounds of his interpleader claim and the court officer shall send a copy to the execution creditor and to the sheriff, but the judge may hear the proceedings or, as the case may be, the district judge may proceed with the pre-trial review, if he thinks fit, notwithstanding that the particulars have not been filed.

    (4) Subject to any directions in the order of the High Court, damages may be claimed against the execution creditor in the same manner as in interpleader proceedings commenced in a county court.

    (5) On any day fixed for the pre-trial review of the proceedings or for the hearing of any application by the sheriff or other party for directions the court may order the sheriff - 

    (a) to postpone the sale of the goods seized;

    (b) to remain in possession of such goods until the hearing of the proceedings; or

    (c) to hand over possession of such goods to the district judge,

and, where a direction is given under sub-paragraph (c), the district judge shall be allowed reasonable charges for keeping possession of the goods, not exceeding those which might be allowed to the sheriff, and, if the district judge is directed to sell the goods, such charges for the sale as would be allowed under an execution issued by the county court.

    (6) No order made in the proceedings shall prejudice or affect the rights of the sheriff to any proper charges and the judge may make such order with respect to them as may be just.

    (7) The charges referred to in paragraphs (5) and (6) shall ultimately be borne in such manner as the judge shall direct.

    (8) The order made at the hearing of the proceedings shall direct how any money in the hands of the sheriff is to be disposed of.



CCR ORDER 19

REFERENCE TO EUROPEAN COURT

Making and transmission of order
     Rule 15  - (1) In this rule "the European Court" means the Court of Justice of the European Communities and "order" means an order referring a question to the European Court for a preliminary ruling under Article 177 of the Treaty establishing the European Economic Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community.

    (2) An order may be made by the judge before or at the trial or hearing of any claim and either of his own initiative or on the application of any party.

    (3) An order shall set out in a schedule the request for the preliminary ruling of the European Court, and the judge may give directions as to the manner and form in which the schedule is to be prepared.

    (4) The proceedings in which an order is made shall, unless the judge otherwise orders, be stayed until the European Court has given a preliminary ruling on the question referred to it.

    (5) When an order has been made, the court officer shall send a copy thereof to the Senior Master for transmission to the Registrar of the European Court; but, unless the judge otherwise orders, the copy shall not be sent to the Senior Master until the time for appealing to the Court of Appeal against the order has expired or, if an appeal is entered within that time, until the appeal has been determined or otherwise disposed of.

    (6) Nothing in these rules shall authorise the district judge to make an order.



CCR ORDER 22

JUDGMENTS AND ORDERS

Certificate of judgment
     Rule 8  - (1) Any person who wishes to have a certificate of any judgment or order given or made in a claim shall make a request in writing to the court stating - 

    (a) if he is a party to the claim whether the certificate - 

      (i) is required for the purpose of taking proceedings on the judgment or order in another court;

      (ii) is required for the purpose of enforcing the judgment or order in the High Court; or

      (iii) is for the purpose of evidence only;

    (b) if he is not a party to the claim, the purpose for which the certificate is required, the capacity in which he asks for it and any other facts showing that the certificate may properly be granted.

(1A)Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant shall also either - 

    (a) state that it is intended to enforce the judgment or order by execution against goods; or

    (b) confirm that an application has been made for an order under section 42 of the Act (transfer to High Court by order of a county court) and attach a copy of the application to the request for a certificate.

    (2) Where the request is made by a person who is not a party to the claim, the request shall be referred to the district judge, who may, if he thinks fit, refer it to the judge.

    (3) Without prejudice to paragraph (2), for the purposes of section 12 (2) of the Act a certificate under this rule may be signed by the court manager or any other officer of the court acting on his behalf.

Variation of payment
     Rule 10  - (1) Where a judgment or order has been given or made for the payment of money, the person entitled to the benefit of the judgment or order or, as the case may be, the person liable to make the payment (in this rule referred to as "the judgment creditor" and "the debtor" respectively) may apply in accordance with the provisions of this rule for a variation in the date or rate of payment.

    (2) The judgment creditor may apply in writing, without notice being served on any other party, for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by the same or smaller instalments, and the court officer may make an order accordingly unless no payment has been made under the judgment or order for 6 years before the date of the application in which case he shall refer the application to the district judge.

    (3) The judgment creditor may apply to the district judge on notice for an order that the money, if payable in one sum, be paid at an earlier date than that by which it is due or, if the money is payable by instalments, that it be paid in one sum or by larger instalments, and any such application shall be made in writing stating the proposed terms and the grounds on which it is made.

    (4) Where an application is made under paragraph (3) - 

    (a) the proceedings shall be automatically transferred to the debtor's home court if the judgment or order was not given or made in that court; and

    (b) the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed,

and at the hearing the district judge may make such order as seems just.

    (5) The debtor may apply for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by smaller instalments, and any such application shall be in the appropriate form stating the proposed terms, the grounds on which it is made and including a signed statement of the debtor's means.

    (6) Where an application is made under paragraph (5), the court officer shall - 

    (a) send the judgment creditor a copy of the debtor's application (and statement of means); and

    (b) require the judgment creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

    (7) If the judgment creditor does not notify the court of any objection within the time stated, the court officer shall make an order in the terms applied for.

    (8) Upon receipt of a notice from the judgment creditor under paragraph (6), the court officer may determine the date and rate of payment and make an order accordingly.

    (9) Any party affected by an order made under paragraph (8) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered and, where such an application is made - 

    (a) the proceedings shall be automatically transferred to the debtor's home court if the judgment or order was not given or made in that court; and

    (b) the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

    (10) On hearing an application under paragraph (9), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

    (11) Any order made under any of the foregoing paragraphs may be varied from time to time by a subsequent order made under any of those paragraphs.

Set-off of cross-judgments
     Rule 11  - (1) An application under section 72 of the Act for permission to set off any sums, including costs, payable under several judgments or orders each of which was obtained in a county court shall be made in accordance with this rule.

    (2) Where the judgments or orders have been obtained in the same county court, the application may be made to that court on the day when the last judgment or order is obtained, if both parties are present, and in any other case shall be made on notice.

    (3) Where the judgments or orders have been obtained in different county courts, the application may be made to either of them on notice, and notice shall be given to the other court.

    (4) The district judge of the court to which the application is made and the district judge of any other court to which notice is given under paragraph (3) shall forthwith stay execution on any judgment or order in his court to which the application relates and any money paid into court under the judgment or order shall be retained until the application has been disposed of.

    (5) The application may be heard and determined by the court and any order giving permission shall direct how any money paid into court is to be dealt with.

    (6) Where the judgments or orders have been obtained in different courts, the court in which an order giving permission is made shall send a copy of the order to the other court, which shall deal with any money paid into that court in accordance with the order.

    (7) The court officer or, as the case may be, each of the court officers affected shall enter satisfaction in the records of his court for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied shall issue only for the balance remaining payable.

    (8) Where an order is made by the High Court giving permission to set off sums payable under several judgments and orders obtained respectively in the High Court and a county court, the court officer of the county court shall, on receipt of a copy of the order, proceed in accordance with paragraph (7).

Order of appellate court
     Rule 13 Where the Court of Appeal or High Court has heard and determined an appeal from a county court, the party entitled to the benefit of the order of the Court of Appeal or High Court shall deposit the order or an office copy thereof in the office of the county court.



CCR ORDER 24

SUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND

Part I - Land


Proceedings to be by claim form
     Rule 1  - (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by claim form in accordance with the provisions of this Order.

    (2) Where proceedings of the type referred to in paragraph (1) are brought, the court will fix a day for the hearing when it issues the claim form.

Witness statement or affidavit in support
     Rule 2  - (1) The applicant shall file in support of the claim form a witness statement or affidavit stating - 

    (a) his interest in the land;

    (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and

    (c) that he does not know the name of any person occupying the land who is not named in the claim form.

    (2) Where the applicant considers that service in accordance with rule 3 (2)(b) may be necessary, he shall provide, together with the claim form, sufficient stakes and sealable transparent envelopes for such service.

Service of claim form
     Rule 3  - (1) Where any person in occupation of the land is named in the claim form, the application shall be served on him - 

    (a) by delivering to him personally a copy of the claim form, together with the notice of the return day and a copy of the witness statement or affidavit in support;

    (b) by an officer of the court leaving the documents mentioned in sub-paragraph (a), or sending them to him, at the premises;

    (c) in accordance with CPR rule 6.4(2); or

    (d) in such other manner as the court may direct.

    (2) Where any person not named as a respondent is in occupation of the land, the claim form shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by - 

    (a) affixing a copy of each of the documents mentioned in paragraph (1)(a) to the main door or other conspicuous part of the premises and, if practicable, inserting through the letterbox at the premises a copy of those documents enclosed in a sealed transparent envelope addressed to "the occupiers", or

    (b) placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of each of the documents mentioned in paragraph (1)(a).

Application by occupier to be made a party
     Rule 4 A person not named as a respondent who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as respondent, and the notice of the return day shall contain a notice to that effect.

Hearing of claim
     Rule 5  - (1) Except in case of urgency and by permission of the court, the day fixed for the hearing of the claim - 

    (a) in the case of residential premises, shall not be less than five days after the day of service, and

    (b) in the case of other land, shall not be less than two days after the day of service.

    (3) An order for possession in proceedings under this Order shall be to the effect that the applicant do recover possession of the land mentioned in the claim form.

    (4) Nothing in this Order shall prevent the court from ordering possession to be given on a specified date.

Warrant of possession
     Rule 6  - (1) Subject to paragraphs (2) and (3), a warrant of possession to enforce an order for possession under this Order may be issued at any time after the making of the order and subject to the provisions of Order 26, rule 17, a warrant of restitution may be issued in aid of the warrant of possession.

    (2) No warrant of possession shall be issued after the expiry of 3 months from the date of the order without the permission of the court, and an application for such permission may be made without notice being served on any other party unless the court otherwise directs.

    (3) Nothing in this rule shall authorise the issue of a warrant of possession before the date on which possession is ordered to be given.

Setting aside order
     Rule 7 The judge or district judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.

Part II - Interim Possession Orders


Definitions and interpretation
     Rule 8  - (1) In this Part of this Order - 

    (a) "applicant" means a person who applies for an interim possession order;

    (b) "premises" means premises within the meaning of section 12 of the Criminal Law Act 1977[261]; and

    (c) "respondent" means a person against whom an application for an interim possession order is made, whether or not that person is named in the application or order.

    (2) Where a rule in this Part of this Order requires an act to be done within a specified number of hours, CPR rule 2.8(4) shall not apply to the calculation of the period of time within which the act must be done.

Conditions for interim possession order application
     Rule 9 In proceedings for possession under Part I of this Order, an application may be made for an interim possession order where the following conditions are satisfied - 

    (a) the only claim made in the proceedings is for the recovery of premises;

    (b) the claim is made by a person who - 

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

      (ii) has had such a right throughout the period of unlawful occupation complained of;

    (c) the claim is made against a person (not being a tenant holding over after the termination of the tenancy) who entered the premises without the applicant's consent and has not subsequently been granted such consent, but no application for an interim possession order may be made against a person who entered the premises with the consent of the person who, at the time of entry, had an immediate right to possession of the premises; and

    (d) the claim is made within 28 days of the date on which the applicant first knew, or ought reasonably to have known, that the respondent, or any of the respondents, was in occupation.

Issue of the applications
     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.

Service of the notice of application
     Rule 11  - (1) Within 24 hours of the issue of the application for an interim possession order, the applicant shall serve the following documents on the respondent, namely - 

    (a) the application notice; and

    (b) the prescribed form of respondent's witness statement or affidavit, which shall be attached to the application notice.

    (2) The applicant shall serve the documents mentioned in paragraph (1) by fixing a copy of them to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of the documents in a sealed, transparent envelope addressed to "the occupiers".

    (3) Additionally (but not alternatively), the applicant may place stakes in the ground at conspicuous parts of the premises to each of which shall be fixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of the documents.

    (4) At or before the time fixed for consideration of the application for an interim possession order, the applicant shall file a witness statement or affidavit of service in the prescribed form in relation to the documents mentioned in paragraph (1).

    (5) At any time before the time fixed for consideration of the application for an interim possession order the respondent may file a witness statement or affidavit in the prescribed form in response to the application.

Consideration of the application
     Rule 12  - (1) If the respondent has filed a witness statement or affidavit in accordance with rule 11 (5), he may attend before the court when the application for an interim possession order is considered to answer such questions on his witness statement or affidavit or on the applicant's witness statement or affidavit as the court may put to him.

    (2) The parties' witness statements or affidavits shall be read in evidence and no oral evidence shall be adduced except in response to questions put by the court.

    (3) If the court so directs, an application for an interim possession order may be dealt with in private and in the absence of one or both of the parties.

    (4) In deciding whether to grant an interim possession order the court shall have regard to whether the applicant has given or is prepared to give undertakings in support of his application - 

    (a) to reinstate the respondent if, after an interim possession order has been made, the court holds that the applicant was not entitled to the order;

    (b) to pay damages if, after an interim possession order has been made, the court holds that the applicant was not entitled to the order;

    (c) not to damage the premises pending final determination of the possession proceedings;

    (d) not to grant a right of occupation to any other person pending final determination of the possession proceedings; and

    (e) not to damage or dispose of any of the respondent's possessions pending final determination of the possession proceedings.

    (5) The court shall make an interim possession order if - 

    (a) the applicant has filed a witness statement or affidavit of service of the notice of application; and

    (b) the court is satisfied that - 

      (i) the conditions specified in rule 9 are met; and

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

    (6) An interim possession order shall be in a prescribed form and shall be to the effect that the respondent vacate the premises specified in the claim form within 24 hours of service of the order.

    (7) On the making of an interim possession order, the court shall fix a return date for the hearing of the claim which shall be not less than 7 days after the date on which the interim possession order is made.

    (8) Where an interim possession order is made, the court officer shall submit a draft of the order as soon as possible to the judge or district judge by whom it was made for approval, and when the draft order has been approved the court shall insert in the order the time limit for service under rule 13 (1).

    (9) Where the court does not make an interim possession order - 

    (a) the court officer shall fix a return date for the hearing of the claim;

    (b) the court may give directions for the further conduct of the matter; and

    (c) subject to such directions, the matter shall proceed in accordance with Part I of this Order.

    (10) When it has considered the application for an interim possession order, the court shall give a copy of the respondent's witness statement or affidavit (if any) to the applicant, if the applicant requests such a copy.

    (11) The court shall serve any directions made under paragraph (9) on the parties and at the same time shall serve on the respondent a copy of the claim form and witness statement or affidavit in support.

Service and enforcement of the interim possession order
     Rule 13  - (1) An interim possession order must be served within 48 hours of the judge or district judge's approving the draft order under rule 12 (8).

    (2) The applicant shall serve copies of the claim form, the applicant's witness statement or affidavit and the interim possession order in accordance with rule 11 (2) and (3) or in such other manner as the court may direct.

    (3) Order 26, rule 17 (enforcement of warrant of possession) shall not apply to the enforcement of an interim possession order.

    (4) If an interim possession order is not served within the time limit specified by this rule or by any order extending or abridging time, the applicant may apply to the court for directions for the application for possession to continue under Part I of this Order as if it had not included a claim for an interim possession order.

Matters arising after making of an interim possession order
     Rule 14  - (1) Before the return date the applicant shall file a witness statement or affidavit of service in the prescribed form in relation to the documents specified in rule 13 (2), and no final order for possession may be made unless such a witness statement or affidavit has been filed.

    (2) The interim possession order shall expire on the return date.

    (3) On the return date the court may make such order as appears appropriate and may in particular - 

    (a) make a final order for possession;

    (b) dismiss the claim for possession;

    (c) give directions for the application for possession to continue under Part I of this Order as if it had not included a claim for an interim possession order.

    (4) An order may be made on the return date in the absence of one or both of the parties.

    (5) If the court holds that the applicant was not entitled to an interim possession order, the respondent may apply for relief pursuant to any undertakings given by the applicant.

    (6) Unless it otherwise directs, the court shall serve a copy of any order or directions made under this rule on the parties.

    (7) Unless the court otherwise directs, service on the respondent under paragraph (6) shall be in accordance with rule 11 (2) and (3).

    (8) Rule 6 (warrant of possession) shall apply to the enforcement of a final order for possession made under this rule.

Application to set aside an interim possession order
     Rule 15  - (1) If the respondent has vacated the premises, he may apply on grounds of urgency for the interim possession order to be set aside before the return date.

    (2) An application under this rule shall be supported by a witness statement or affidavit.

    (3) On receipt of an application to set aside, the judge or district judge shall give directions as to - 

    (a) the date for the hearing; and

    (b) the period of notice, if any, to be given to the applicant and the mode of service of any such notice.

    (4) No application to set aside an interim possession order may be made under CPR Part 39.3.

    (5) Where no notice is required under paragraph (3)(b), the only matter to be dealt with at the hearing shall be whether the interim possession order should be set aside (and the consequent application of any undertaking given under rule 12 (4)(a)) and all other matters shall be dealt with on the return date.

    (6) The court shall serve on the applicant a copy of any order made under paragraph (5) and, where no notice is required under paragraph (3)(b), the court shall at the same time serve a copy of the respondent's application to set aside and the witness statement or affidavit in support.

    (7) Where notice is required under paragraph (3)(b), the court may treat the application as an application to bring forward the return date, in which case rule 14 (2) to (8) shall apply accordingly.






Notes


[261] 1977 c.45.back



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