The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 78 E+W F2 EUROPEAN ... 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 I - EUROPEAN ORDER FOR PAYMENT PROCEDURE E+W

EOP applications made to a court in England and Wales E+W

Filing of acknowledgment of service and defence where an EOP application is [F3 treated as if started as a claim under Part 7] E+W

78.6.— (1) The defendant must file a defence within 30 days of the date of the notice issued by the court under rule [F4 78.5A(2)(b)].

(2) If the defendant wishes to dispute the court’s jurisdiction, the defendant must instead—

(a) file an acknowledgment of service within the period specified in paragraph (1); and

(b) make an application under Part 11 within the period specified in that Part.

(3) Where this rule applies, the following rules do not apply—

(a) rule 10.1(3);

(b) rule 10.3; and

(c) rule 15.4(1).]

Textual Amendments

F3 Words in rule 78.6 heading substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 10(3)

F4 Word in rule 78.6(1) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 10(4)