The Civil Procedure Rules 1998

[F1 Allocation E+W

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 [F2 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; F3 ...

(d) the importance of vacant possession to the claimant [F4 ; 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 [F5 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.]

Textual Amendments

F1 Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)

F2 Word in rule 55.9(1)(a) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(2)(a) (with rule 2)

F3 Word in rule 55.9(1)(c) omitted (30.6.2004) by virtue of The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 12(a)

F4 Rule 55.9(1)(e) and word inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 12(b)

F5 Words in rule 55.9(3) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(2)(b) (with rule 2)