F1PART 78EUROPEAN ... PROCEDURES

SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE

EOP applications made to a court in England and Wales

Default judgment78.7.

(1)

If—

(a)

the defendant fails to file an acknowledgment of service within the period specified in rule 78.6(2)(a); and

(b)

does not within that period—

(i)

file a defence in accordance with Part 15 (except rule 15.4(1)) and rule 78.6(1); or

(ii)

file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

(2)

Where this rule applies, rule 10.2 does not apply.