Update to Practice Direction 55C – Possession Claims

Paragraph 1.1 of Practice Direction (PD) 55C confirms that the temporary modifications of PD 55 will largely come to an end on 30 November 2021.

By way of a brief background, PD 55C provided for the temporary modification of Part 55 of the Civil Procedure Rules (CPR) (which is the part of the CPR which concerns possession claims). The temporary modifications were implemented as a result of the coronavirus pandemic.

From 1 December 2021 the position will be as follows:

  1. For possession claims issued on or after 1 December 2021, PD 55C paragraphs 6.1 and 6.2 (which require notices to be filed and served by the landlord on compliance with the pre action protocol (where relevant) and the known effect of coronavirus on the defendant and their dependants) will continue to apply to any possession claim issued up and until 30 June 2022;
  2. For possession claims issued before 1 December 2021, PD 55C will continue to remain applicable in full.

Of course, where direction orders have been made these will still need to be followed unless the Court notifies otherwise.

Practice Direction 55C can be found in full here.

For further information about these updates, please contact Lee Russell or Arjen Xani.

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