OpenLegislation

Rule 55.22 The applicationF1F2

(1)

Rules 55.3(1) and (4) apply to the claim.

(2)

The claim form and the defendant’s form of witness statement must be in the form set out in F3Practice Direction 55A.

(3)

When he files his claim form, the claimant must also file—

(a)

an application notice in the form set out in F4Practice Direction 55A; and

(b)

written evidence.

(4)

The written evidence must be given—

(a)

by the claimant personally; or

(b)

where the claimant is a body corporate, by a duly authorised officer.

  • (Rule 22.1(6)(b) provides that the statement of truth must be signed by the maker of the witness statement)

(5)

The court will—

(a)

issue—

(i)

the claim form; and

(ii)

the application for the IPO; and

(b)

set a date for the hearing of the application.

(6)

The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.

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

F3

Words in rule 55.22(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 30(b)

F4

Words in rule 55.22(3)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 30(b)

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)