The Civil Procedure Rules 1998

[F1 Claim referred to judge E+W

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.]

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)