OpenLegislation

Paragraph 55.15 Claim referred to judge

Original text. Later amendments are not shown.

(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.