F1PART 78EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES
SECTION II - EUROPEAN SMALL CLAIMS PROCEDURE
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Where the claimant has notified the court in accordance with paragraph (2), the claim is automatically withdrawn.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.
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