Q&As

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 31/10/2016

The following Dispute Resolution Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?
  • CPR 55
  • Further action—defendant and claimant
  • The defendant
  • The claimant

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?

This Q&A focuses on claims for possession of land to which CPR 55 applies. This Q&A covers the situation where a Part 8 claim form has been issued and served on the defendant but that the particulars of claim have not been issued/filed at court or served.

It is assumed that it is a claim for possession of rented residential premises, as form N119 is the standard form for particulars of claim for such a claim.

CPR 55

Part 55 of the Civil Procedure Rules (CPR 55) relates to claims for the possession of land.

CPR 55.4 states:

‘The particulars of claim must be filed and served with the claim form.

(Part 16 and Practice Direction 55A provide details about the contents of the particulars of claim)’

Accordingly, if the claimant has not filed and served its particulars of claim with the Part 8 claim form, it has not followed the correct procedure.

CPR 55.5(3) (which relates to claims other than those against trespassers) states:

‘In all other possession claims –

(a) the hearing date will be not less than 28 days from the date of issue of the claim form;

(b) the standard period between the issue of the claim form and the hearing will be not more than

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