Rule 3
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(1)
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Where any person in occupation of the land is
named in the claim form, the application shall be served on him -- 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;
- by an officer of the court leaving the
documents mentioned in sub-paragraph (a), or sending them to him, at the
premises;
- in accordance with CPR rule 6.4(2);
or
- in such other manner as the court may
direct.
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(2)
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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 -- 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
- 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).
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Rule 10
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(1)
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In proceedings in which an application for an
interim possession order is made, unless otherwise provided, rules 2 to 7 shall
not apply.
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(2)
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The applicant shall file -- a claim form;
- a witness statement or affidavit in
support; and
- an application notice,
each of which shall be in the appropriate
prescribed form, together with sufficient copies for service on the
respondent.
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(3)
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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.
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(4)
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On the filing of the documents mentioned in
paragraph (2), the court shall -- issue the claim form and the application
for an interim possession order;
- fix an appointment for the application to
be considered; and
- insert the time of that appointment in the
application notice filed under paragraph (2) and in the copy to be served on
the respondent.
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(5)
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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.
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Rule 11
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(1)
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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 -- the application notice; and
- the prescribed form of respondents
witness statement or affidavit, which shall be attached to the application
notice.
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(2)
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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.
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(3)
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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.
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(4)
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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).
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(5)
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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.
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Rule 12
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(1)
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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 applicants
witness statement or affidavit as the court may put to him.
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(2)
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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.
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(3)
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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.
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(4)
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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
-- 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;
- to pay damages if, after an interim
possession order has been made, the court holds that the applicant was not
entitled to the order;
- not to damage the premises pending final
determination of the possession proceedings;
- not to grant a right of occupation to any
other person pending final determination of the possession proceedings;
and
- not to damage or dispose of any of the
respondents possessions pending final determination of the possession
proceedings.
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(5)
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The court shall make an interim possession order
if -- the applicant has filed a witness statement
or affidavit of service of the notice of application; and
- the court is satisfied that -
- the conditions specified in rule 9 are met;
and
- any undertakings given by the applicant as
a condition of making the order are adequate.
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(6)
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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.
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(7)
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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.
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(8)
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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).
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(9)
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Where the court does not make an interim
possession order -- the court officer shall fix a return date
for the hearing of the claim;
- the court may give directions for the
further conduct of the matter; and
- subject to such directions, the matter
shall proceed in accordance with Part I of this order.
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(10)
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When it has considered the application for an
interim possession order, the court shall give a copy of the respondents
witness statement or affidavit (if any) to the applicant, if the applicant
requests such a copy.
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(11)
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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.
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Rule 14
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(1)
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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.
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(2)
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The interim possession order shall expire on the
return date.
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(3)
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On the return date the court may make such order
as appears appropriate and may in particular -- make a final order for possession;
- dismiss the claim for possession;
- 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.
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(4)
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An order may be made on the return date in the
absence of one or both of the parties.
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(5)
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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.
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(6)
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Unless it otherwise directs, the court shall
serve a copy of any order or directions made under this rule on the
parties.
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(7)
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Unless the court otherwise directs, service on
the respondent under paragraph (6) shall be in accordance with rule 11(2) and
(3).
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(8)
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Rule 6 (warrant of possession) shall apply to
the enforcement of a final order for possession made under this rule.
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Rule 15
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(1)
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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.
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(2)
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An application under this rule shall be supported
by a witness statement or affidavit.
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(3)
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On receipt of an application to set aside, the
judge or district judge shall give directions as to -- the date for the hearing; and
- the period of notice, if any, to be given
to the applicant and the mode of service of any such notice.
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(4)
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No application to set aside an interim possession
order may be made under CPR Part 39.3.
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(5)
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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.
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(6)
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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
respondents application to set aside and the witness statement or
affidavit in support.
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(7)
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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.
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