Under the existing summary possession proceedings, County Court r.24 and Rules of the Supreme Court ord 113 provide a quick order for possession against trespassers.

These procedures require the co-operation of the bailiff or sheriff and recourse to the courts if the order is broken.

CCR24 pt II came into force on 24 August 1995.

The criminal offences included in the order were introduced by the Criminal Justice and Public Order Act 1994.Proceedings are now begun by filing an originating application, an affidavit in support and a notice of application.

A prescribed form of the respondent's affidavit must also be produced to the court office.

The originating application and supporting affidavit are part of the same form.

Completing the originating application requires the applicant's name, address and, where it is known, the name and address of the respondent.

The occupied premises must also be described.

The court seals the application and inserts the case number, the court address and the date on which it was issued.The supporting affidavit cannot be sworn by the applicant's solicitor (a restriction which does not apply to RSC ord 113).

The applicant must state an immediate right to possession of the premises and prove this right.

This will mean exhibiting a land certificate, office copy entries or deeds or leases.

Stating the applicant's interest in the land is not sufficient.

By contrast, RSC ord 113 merely requires the applicant to state the interest.

The affidavit must confirm that the application is made within 28 days of the respondent's occupation coming to the applicant's attention.The rest of the supporting affidavit is similar to the existing procedure.

However, the crucial difference is that the applicant is invited to give five undertakings to the court.

If the application is unsuccessful, the applicant can undertake to reinstate the respondent and pay damages.

Additionally, the applicant can undertake not to damage the premises or to grant any other right of occupation or damage the respondent's possessions pending the determination of the proceedings.

Giving the undertaking is not mandatory.The notice will be endorsed with the details of the hearing for an interim possession order (IPO) not less than three days from the date of issue.

The court must also state on the notice when it must be served for that service to be valid.

The form of respondent's affidavit will be endorsed with the details of the IPO hearing and the court details.The applicant must serve the notice and the form of respondent's affidavit.

The supporting affidavit and originating application need not be served until after the IPO hearing.

Service is prescribed by the existing summary possession procedures in the usual manner.

If the respondent wishes to be heard at the IPO hearing, he or she must complete and file an affidavit.

The respondent is invited to produce evidence of a right of occupation and to explain why the applicant is not entitled to an IPO.

It remains to be seen if the court will insist on an affidavit before hearing the respondent's defences.The IPO hearing may be in open court.

However, there is provision for the hearing to be in chambers in the absence of the parties.

The court will consider the affidavits and the applicant's undertakings.The court may question the applicant or the respondent (if the latter has filed an affidavit) before making an order.

Making a false or misleading statement to obtain or resist an IPO is a criminal offence.

The existing powers in respect of affidavit evidence and contempt of court are adequate.

If the court declines to make an IPO, it may direct that the matter continues as an application under ord 24 pt 1.IPOs are immediately drawn up and initialled by the judge.

The order requires service of the IPO within 48 hours of its approval by the judge.

This deadline is endorsed on the order.

The order will also state a return date for the consideration of the final possession order of not less than seven days after the date of the IPO.The IPO, together with the originating application and supporting affidavit, must be served on the respondent within the time limit.

The respondent will then be able to take issue with any matters raised in the affidavit.

The respondent has 24 hours to comply with the order, after which he or she may be arrested.

Applicants must ensure that an affidavit of service is promptly supplied following service of the IPO.

The affidavit of service must be produced, together with the IPO, before the police will enforce the order.

The respondent is also prevented from applying to the court to have the IPO set aside on the grounds of urgency until he or she has complied with it.Although there is provision for the IPO to be set aside by the respondent on the grounds of urgency, such applications are likely to be limited to residential premises.

If such an application is successful, the applicant will still have the opportunity to make out a case at the final determination of the matter.On the return date, the court may consider that the applicant is not entitled to a possession order and consider the undertakings given.

If the order is made, the applicant is released from his or her undertakings and the order is served by the court.The advantages of the new proceedings are that the respondent must vacate the premises upon service of the IPO and, if not, the police will assist the applicant.

Once the respondent has vacated the premises, it will be a criminal offence to return to the premises within one year of the date of the IPO.The effect of these provisions is that the applicant does not have to wait (or pay) for a bailiff or sheriff to attend.The main disadvantage of the new procedure is the need to attend court to issue the proceedings, with two further attendances in open court to obtain the IPO and final order.

CCR24 pt II may be an occasional alternative, but is very unlikely to replace CCR ord 24 and RSC 113.PROCEEDINGS UNDER CCR24 PT II-- Produce originating application, supporting affidavit, notice of application and repondents' affidavit to court to commence proceedings.-- Service of documents within 24 house of issue.-- Criminal sanctions to en force interim possession order.-- Interim possession order enforceable one year after it is granted.-- Disadvantages compared to CCR 24 pt 1 and RSC ord 113.