The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 78 E+W EUROPEAN F2 ... PROCEDURES

Textual Amendments

F1 Pt. 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

F2 Words in Pt. 78 heading omitted (6.4.2011) by virtue of The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 12(a) (with rule 13)

SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE E+W

EOP applications made to a court in England and Wales E+W

Default judgment 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.]