F1PART 78F2EUROPEAN ... PROCEDURES
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 II - EUROPEAN SMALL CLAIMS PROCEDURE
Filing an ESCP claim form78.13
Where a declaration provided by the claimant in the ESCP claim form contains any deliberate false statement, rule 32.14 applies as if the ESCP claim form were verified by a statement of truth.
(An ESCP claim form is completed and filed in accordance with the ESCP Regulation, in particular article 4(1), and in accordance with this paragraph.)
Allocation of ESCP claims78.14
1
ESCP claims are treated as if they were allocated to the small claims track.
2
Part 27 applies, except rule 27.14.
Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation78.15
1
Where the court identifies that the claim is outside the scope of the ESCP Regulation, the court will notify the claimant of this in a transfer of proceedings notice.
2
If the claimant wishes to withdraw the claim, the claimant must notify the court of this within 21days of the date of the transfer of proceedings notice.
3
Where the claimant has notified the court in accordance with paragraph (2), the claim is automatically withdrawn.
4
Where the claimant has not notified the court in accordance with paragraph (2) and the claim is instead to be transferred under article 4(3) of the ESCP Regulation—
a
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form 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 the court will notify the claimant of the transfer and its effect.
Defendant’s response78.16
Where a declaration provided by the defendant in the defendant’s response contains any deliberate false statement, rule 32.14 applies as if the defendant’s response were verified by a statement of truth.
(The defendant’s response is made in accordance with the ESCP Regulation and in particular article 5(3) of the ESCP Regulation.)
Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation78.17
1
This rule applies where, under article 5(5) of the ESCP Regulation, the defendant claims that the value of a non-monetary claim exceeds the limit in article 2(1) of the ESCP Regulation.
2
When the court dispatches the defendant’s response to the claimant, it will—
a
notify the claimant that the court is considering whether the claim is outside the scope of the ESCP Regulation in a consideration of transfer notice; and
b
send a copy of the notice to the defendant.
3
If the claimant wishes to withdraw the claim in the event that the court decides that the claim is outside the scope of the ESCP Regulation the claimant must notify the court and the defendant of this within 21 days of the date of the consideration of transfer notice.
4
The court will notify the defendant as well as the claimant of its decision whether the claim is outside the scope of the ESCP Regulation.
(Article 5(5) of the ESCP Regulation provides that the court shall decide within 30 days of dispatching the defendant’s response to the claimant, whether the claim is within the scope of the ESCP Regulation.)
5
If the court decides that the claim is outside the scope of the ESCP Regulation and the claimant has notified the court and defendant in accordance with paragraph (3), the claim is automatically withdrawn.
6
If the court decides that the claim is outside the scope of the ESCP Regulation and the claimant has not notified the court and defendant in accordance with paragraph (3)—
a
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form will be treated as a Part 7 claim form including particulars of claim;
b
the defendant’s response will be treated as a defence; and
c
thereafter, these Rules apply with necessary modifications and subject to this rule,
and the court will notify the parties.
7
This rule applies to an ESCP counterclaim as if the counterclaim were an ESCP claim.
Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(7) of the ESCP Regulation78.18
1
Where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation, the court will—
a
notify the defendant of this in a transfer of proceedings notice; and
b
send a copy of the notice to the claimant,
when the court dispatches the defendant’s response to the claimant.
2
If the defendant wishes to withdraw the ESCP counterclaim, the defendant must notify the court and the claimant of this within 21 days of the date of the transfer of proceedings notice.
3
If the defendant notifies the court and claimant under paragraph (2), the ESCP counterclaim is automatically withdrawn.
4
If the defendant does not notify the court and claimant in accordance with paragraph (2)—
a
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form will be treated as a Part 7 claim form including particulars of claim;
b
the defendant’s response and ESCP counterclaim are to be treated as the defence and counterclaim; and
c
thereafter, these Rules apply with necessary modifications and subject to this rule,
and the court will notify the parties.
Review of judgment78.19
An application for a review under article 18 of the ESCP Regulation must be made in accordance with Part 23.
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