548. Jurisdiction and procedure for possession proceedings.

(5)     Proceedings for Possession

548.     Jurisdiction and procedure for possession proceedings.

Most claims by a mortgagee for possession must be brought under the Civil Procedure Rules1 in the County Court2 and what is, in essence, a possession claim is treated as such, notwithstanding that the relief claimed includes foreclosure or other relief3. Only in exceptional circumstances may claims for possession be brought in the Chancery Division of the High Court4.

Before proceedings are begun it should be confirmed that the right to possession has arisen5 and any necessary notice given6