The Civil Procedure Rules 1998

[F1EOP applications made to a court in England and WalesE+W

Textual Amendments

F1Pt. 78 inserted (12.12.2008 for specified purposes, 1.1.2009 in so far as not already in force) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(3), Sch. 2

Application for a European Order for PaymentE+W

78.3.  Where a declaration provided by the claimant under article 7(3) of the EOP Regulation contains any deliberate false statement, rule 32.14 applies as if the EOP application form A were verified by a statement of truth.

(An EOP application is made in accordance with the EOP Regulation and in particular article 7 of that Regulation.)

Withdrawal of EOP applicationE+W

78.4—(1) At any stage before a statement of opposition is filed, the claimant may notify the court that the claimant no longer wishes to proceed with the claim.

(2) Where the claimant notifies the court in accordance with paragraph (1)—

(a)the court will notify the defendant that the application has been withdrawn; and

(b)no order as to costs will be made.

Transfer of proceedings where an EOP application has been opposedE+W

78.5—(1) Where a statement of opposition is filed in accordance with article 16 of the EOP Regulation and the claimant has not opposed the transfer of the matter—

[F2(a)the EOP application will be treated as if it had been started as a claim under Part 7 if –

(i)the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition;

(ii)the claimant has requested that the claim be transferred to the ESCP procedure in the event of opposition, but the claim does not fall within the scope of the ESCP Regulation; or

(iii)the claimant has not specified a preferred procedure in the event of opposition; and

(b)the EOP application will be treated as if it had been started under the ESCP Regulation if—

(i)the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition; and

(ii)the claim is within the scope of the ESCP Regulation.]

(2) When the court notifies the claimant in accordance with article 17(3) of the EOP Regulation the court will also—

(a)notify the claimant—

(i)that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(ii)of the time within which the defendant must respond under rule 78.6; and

(b)notify the defendant—

(i)that a statement of opposition has been received;

(ii)that the application will not continue under Part 78;

(iii)that the application has been transferred under article 17 of the EOP Regulation;

(iv)that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(v)of the time within which the defendant must respond under rule 78.6.

Textual Amendments

[F3Procedure where EOP application treated as if started as a claim under Part 7E+W

78.5A.—(1) Where the EOP application is treated as if it had been started as a claim under Part 7, pursuant to Rule 78.5(1)(a)—

(a)the EOP application form A will be treated as a Part 7 claim form including particulars of claim; and

(b)thereafter, these Rules apply with necessary modifications and subject to this rule and rules 78.6 and 78.7.

(2) When the court notifies the claimant in accordance with article 17(3) of the EOP Regulation the court will also—

(a)notify the claimant—

(i)that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(ii)of the time within which the defendant must respond under Rule 78.6; and

(b)notify the defendant—

(i)that a statement of opposition has been received;

(ii)that the application will not continue under Part 78;

(iii)that the application has been transferred under article 17 of the EOP Regulation;

(iv)that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(v)of the time within which the defendant must respond under Rule 78.6.

Textual Amendments

Procedure where EOP application treated as if started as a claim under the ESCP RegulationE+W

78.5B.—(1) Where an EOP application is treated as if it had been started as a claim under the ESCP Regulation pursuant to Rule 78.5(1)(b)—

(a)the EOP application form A will be treated as an ESCP claim form; and

(b)thereafter, these Rules apply subject to the ESCP Regulation and the modifications in paragraph (2).

(2) When the court notifies the claimant of the transfer in accordance with article 17(5) of the EOP Regulation the court will also—

(a)notify the claimant—

(i)that the EOP application form A is now treated as ESCP claim form; and

(ii)of the time within which the defendant must respond under article 5 of the ESCP Regulation; and

(b)notify the defendant—

(i)that a statement of opposition has been received;

(ii)that the application has been transferred under article 17 of the EOP Regulation;

(iii)that the EOP application form A is now treated as an ESCP claim form A; and

(iv)of the time within which the defendant must respond under article 5 of the ESCP Regulation.]

Textual Amendments

Filing of acknowledgment of service and defence where an EOP application is [F4treated as if started as a claim under Part 7] E+W

78.6.—(1) The defendant must file a defence within 30 days of the date of the notice issued by the court under rule [F578.5A(2)(b)].

(2) If the defendant wishes to dispute the court’s jurisdiction, the defendant must instead—

(a)file an acknowledgment of service within the period specified in paragraph (1); and

(b)make an application under Part 11 within the period specified in that Part.

(3) Where this rule applies, the following rules do not apply—

(a)rule 10.1(3);

(b)rule 10.3; and

(c)rule 15.4(1).

Textual Amendments

Default judgment [F6where an EOP application is treated as if started as a claim under Part 7] E+W

78.7.—(1) If—

(a)the defendant fails to file an acknowledgment of service within the period specified in rule 78.6(2)(a); and

(b)does not within that period—

(i)file a defence in accordance with Part 15 (except rule 15.4(1)) and rule 78.6(1); or

(ii)file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

(2) Where this rule applies, rule 10.2 does not apply.

Textual Amendments

Review in exceptional casesE+W

78.8.  An application for a review under article 20 of the EOP Regulation must be made in accordance with Part 23.]