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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
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
F2Rule 78.5(1)(a)(b) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 10(1)
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