Note: This file does not form part of the Ministry of Justice site. The files on that site are the only official versions of the CPRs and Practice Directions. Please also note that the cross-references are not claimed to be comprehensive.

Click here to reload this page into top frame


Civil Procedure Rules

This Order is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32).
CCR 7 REVOKED w/e from 15th October 2001,
CCR 7 revoked w/e from 15 October 2001.
Return to LCD Hompepage   Return to What's New
WHAT'S NEW? UPDATES CURRENT VERSIONS STATUTORY INSTRUMENTS CONSULTATION COMMENTARIES CONTACT SEARCH
FOREWORD RULES & PRACTICE DIRECTIONS SCHEDULE 1 -- RSC SCHEDULE 2 -- CCR PRE-ACTION PROTOCOLS GLOSSARY FORMS INDEX

 

CCR ORDER 7

SERVICE OF DOCUMENTS

RECOVERY OF LAND

Rule 15   
(1)  
Where, in the case of a claim form for the recovery of land which is to be served by bailiff, the court is of the opinion that it is impracticable to serve the claim form in accordance with any of the foregoing provisions of CPR Part 6, the claim form may be served in a manner authorised by this rule.
(2)  
The claim form may be served on any person on the premises who is the husband or wife of the defendant or on any person who has or appears to have the authority of the defendant --
(a)  
to reside or carry on business in the premises or to manage them on behalf of the defendant or to receive any rents or profits of the premises or to pay any outgoings in respect of the premises; or
(b)  
to safeguard or deal with the premises or with the furniture or other goods on the premises, and service on any such person shall be effected in the manner required for service of the notice of the day of hearing in accordance with Order 3, rule 6.
(3)  
Paragraph (2) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage.
(4)  
Where the premises are vacant or are occupied only by virtue of the presence of furniture or other goods, the claim form may be served by affixing it to some conspicuous part of the premises.
(5)  
Unless the court otherwise orders, service of a claim form in accordance with this rule shall be good service on the defendant, but if a claim for the recovery of money is joined with the claim for recovery of land, the court shall order the claim form to be marked 'not served' with respect to the money claim unless in special circumstances the court thinks it just to hear and determine both claims.

Back to top of page

MORTGAGE POSSESSION CLAIMS

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (3).
Rule 15A   
(1)  
After the issue of the claim form in a mortgage possession claim the claimant shall not less than 14 days before the hearing send to the address of the property sought to be recovered a notice addressed to the occupiers which --
(a)  
states that possession proceedings have been commenced in respect of the property;
(b)  
shows the name and address of the claimant, of the defendant and of the court which issued the claim form; and
(c)  
gives details of the case number and of the hearing date.
(2)  
The claimant shall either --
(a)  
not less than 14 days before the hearing, file a certificate stating that a notice has been sent in accordance with paragraph (1); or
(b)  
exhibit the notice to any witness statement or affidavit used at the hearing.
(3)  
In this rule 'mortgage possession claim' means a claim in which the claimant claims as mortgagee possession of land which consists of or includes a dwelling-house and 'mortgage' has the same meaning as in Order 6, rule 5(8).

Back to top of page

 

The Rules and Practice Directions are © Crown Copyright

(Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.)