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The Civil Procedure (Amendment) Rules 2002
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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.
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