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Rule 55.29 Stay of possession proceedings, coronavirusF1F2

(1)

Subject to paragraph (2), all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession that are—

(a)

stayed immediately prior to this rule coming into force; or

(b)

brought after this rule comes into force and on or before F319 September 2020,

are stayed until F420 September 2020.

(2)

Paragraph (1) does not apply to—

(a)

a claim against trespassers to which rule 55.6 applies;

(b)

proceedings under Section III of this Part;

(c)

an application for case management directions that are agreed by all the parties; or

(d)

a claim for injunctive relief.

(3)

Paragraph (1) does not prevent the bringing of a claim notwithstanding that it may be stayed.

(4)

For the purposes of the application of any rule to any proceedings that are stayed by paragraph (1)—

(a)

time does not run; and

(b)

no notice is required to be given by the court.

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

Rule 55.29 inserted (25.6.2020) by The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 (S.I. 2020/582), rules 1, 2(b)

F3

Words in rule 55.29(1) substituted (22.8.2020) by The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 (S.I. 2020/889), rules 1, 2(a)

F4

Words in rule 55.29(1) substituted (22.8.2020) by The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 (S.I. 2020/889), rules 1, 2(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)

Notes on

Textual amendments

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