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 II - EUROPEAN SMALL CLAIMS PROCEDURE E+W

Enforcement of ESCP judgments in England and Wales E+W

Refusal of enforcement E+W

78.21.— (1) An application under article 22 of the ESCP Regulation that the court should refuse to enforce an ESCP judgment must be made in accordance with Part 23 to the court in which the ESCP judgment is being enforced.

(2) The judgment debtor must, as soon as practicable, serve copies of any order made under article 22 on—

(a) all other parties to the proceedings and any other person affected by the order (“the affected persons”); and

(b) any court in which enforcement proceedings are pending in England and Wales (“the relevant courts”).

(3) Upon service of the order on the affected persons, all enforcement proceedings of the ESCP judgment in the relevant courts will cease.]