Rule 55.21 Conditions for IPO applicationF1F2
An application for an IPO may be made where the following conditions are satisfied—
the only claim made is a possession claim against trespassers for the recovery of premises;
the claimant—
has an immediate right to possession of the premises; and
has had such a right throughout the period of alleged unlawful occupation; and
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.
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.
Annotations
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
Pt. 55 Section 3 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 3 Pt. 2
Notes on Part 55
Textual amendments
- F2
Words in Pt. 55 Table of Contents inserted (23.8.2020) by The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 (S.I. 2020/751), rules 1, 2(a)
- F3
Words in Pt. 55 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 13
- F4
Words in Pt. 55 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 3 Pt. 1
- F5
Words in Pt. 55 Table of Contents inserted (25.6.2020) by The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 (S.I. 2020/582), rules 1, 2(a)
- F6
Words in Pt. 55 Table of Contents inserted (1.12.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 22(1)