The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
The procedure for recovering possession of commercial property from trespassers or squatters who have taken up occupation, is set out in Part 55 of the Civil Procedure Rules (CPR Part 55) and the Practice Directions to Part 55 (CPR PD 55A).
The claim for possession must generally be issued in the County Court local to the property, unless there are exceptional circumstances why the claim should be issued in the High Court, such as a substantial risk of public disturbance or of serious harm to persons or property which require immediate determination. Form N5—Claim Form for possession of property and Form N121—Particulars of claim for possession (trespassers) should be used. Witness statements, setting out further details of the claim and the surrounding circumstances may also be filed at the same time as the claim is issued.
The court will fix a hearing date when the claim is issued. Pursuant to CPR 55.5(2), the defendant(s) in a trespass claim must be served with the claim form, particulars of claim and any witness statements not less than two days before the hearing date.
Where the identity of the trespassers is unknown and the claim has been
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