The Civil Procedure Rules 1998

[F1 [F2 Procedure where EOP application treated as if started as a claim under the ESCP Regulation E+W

78.5B.— (1) Where an EOP application is treated as if it had been started as a claim under the ESCP Regulation pursuant to Rule 78.5(1)(b)—

(a) the EOP application form A will be treated as an ESCP claim form; and

(b) thereafter, these Rules apply subject to the ESCP Regulation and the modifications in paragraph (2).

(2) When the court notifies the claimant of the transfer in accordance with article 17(5) of the EOP Regulation the court will also—

(a) notify the claimant—

(i) that the EOP application form A is now treated as ESCP claim form; and

(ii) of the time within which the defendant must respond under article 5 of the ESCP Regulation; and

(b) notify the defendant—

(i) that a statement of opposition has been received;

(ii) that the application has been transferred under article 17 of the EOP Regulation;

(iii) that the EOP application form A is now treated as an ESCP claim form A; and

(iv) of the time within which the defendant must respond under article 5 of the ESCP Regulation.]]

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 Rules 78.5A, 78.5B inserted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 10(2)