The summary procedure under Order 53 of the County Court Civil Procedure Rules 2018 is not available where there is an arguable case that the occupant is a tenant at will rather than a licensee, as Order 53 applies only to licensees. The procedure is also inappropriate where there is a significant factual dispute as to beneficial ownership, including arguable claims of proprietary estoppel or constructive trust, which can only be resolved at trial. The focus of Order 53 is on the status of the occupant, not the plaintiff's title.
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