Bob has claimed possession of a property from Alice. Alice has received the form from the court and not returned hers within the allotted 14 days. Under normal possession claims, the passage of this time under Civil Procedure Rules Practice Direction 55A entitles Bob to submit a written request to the court for a possession order without a hearing. However, if he does not submit this and Alice never defends the claim, then it will not go before a judge until one of these things happens and if neither does for 3 months then it will be automatically stayed. However, if Alice defends the claim before Bob writes in with his request for judgment, then it is as if she had done so within the 14 day time limit.
It has been suggested by a professional advisor that the above is not true, however, in case Bob has filed an accelerated claim for possession, in which case if after the 14 days no defence has been received from Alice, then it will automatically go before a judge. But I have not been able to find any basis for this claim in the relevant CPR/CPD 55A. Is it correct?
And if it is, can an accelerated claim which received no defense within the allotted deadline from Alice and resulted in a possession order being issued by the judge erroneously based on an error of law given all of the information that was apparent in the claim form be subsequently appealed by Alice even though she did not punctually submit her defense form within the 14 day time limit?