PRACTICE DIRECTION 78 – EUROPEAN PROCEDURES

This Practice Direction supplements CPR Part 78

Contents of this Practice Direction
Title Number
EOP Regulation and application of the Civil Procedure Rules Para. 1.1
Rule 78.3 – Application for a European order for payment Para. 2.1
Filing documents at court other than the EOP application form A Para. 3
Service Para. 4
Article 9 of the EOP Regulation – completion or rectification of the EOP application form A Para. 5.1
Applications under Part 23 Para. 6.1
Rule 78.9 – Enforcement of European orders for payment Para. 7.1
Rule 78.10 – An application for refusal of enforcement Para. 8.1
Rule 78.11 – Stay of or limitation on enforcement Para. 9.1
ESCP Regulation and application of the Civil Procedure Rules Para. 10
Rule 78.13 – Filing an ESCP claim form Para. 11
Article 4(4) of the ESCP Regulation - inadequate or insufficient information Para. 12.1
Rule 78.14 – Allocation of ESCP claims Para. 13.1
Filing documents at court other than the ESCP claim form Para. 14
Service Para. 15
Rule 78.17 – Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation Para. 16.1
Oral hearing under article 8 of the ESCP Regulation Para. 17.1
Applications under Part 23 Para. 18.1
Rule 78.20 – Enforcement of an ESCP judgment Para. 19.1
Rule 78.21 – Application for refusal of enforcement Para. 20.1
Rule 78.22 – Stay of or limitation on enforcement – application following application for review or where the judgment has been challenged Para. 21.1
Rule 78.24 Making a mediation settlement enforceable (mediation settlement enforcement orders) Para. 22.1
Annex 1  
Annex 2  
Annex 3  

EOP Regulation and application of the Civil Procedure Rules

1.1  EOP applications are primarily governed by the EOP Regulation. Where the EOP Regulation is silent, the Civil Procedure Rules apply with necessary modifications.

Back to top of page

Rule 78.3 – Application for a European order for payment

2.1  An EOP application form A must be –

(1) completed in English or accompanied by a translation into English; and

(2) filed at court in person or by post.

2.2  An EOP application made to the High Court will be assigned to the Queen's Bench Division, but that will not prevent the application being transferred where appropriate.

Back to top of page

Filing documents at court other than the EOP application form A

3  Documents other than the EOP application form A that are filed at or sent to the court in the EOP proceedings, including statements of opposition, may be filed, in addition to by post or in person, by –

(1) fax; or

(2) other electronic means where the facilities are available.

Back to top of page

Service

4  Where the EOP Regulation is silent on service, the Service Regulation and the Civil Procedure Rules apply as appropriate.

Back to top of page

Article 9 of the EOP Regulation – completion or rectification of the EOP application form A

5.1  Article 9 of the EOP Regulation makes provision for the completion or rectification of the EOP application form A within a specified time.

5.2  The time specified for the purposes of article 9 will normally be within 30 days of the date of the request by the court to complete or rectify the EOP application form A (using form B annexed to the EOP Regulation).

Back to top of page

Applications under Part 23

6.1  Where an application is made under Section I of Part 78, there will not normally be an oral hearing.

6.2  Where an oral hearing is to be held, it will normally take place by telephone or video conference.

Back to top of page

Rule 78.9 – Enforcement of European orders for payment

7.1  When an EOP is filed at the High Court, or in the County Court hearing centre in which enforcement proceedings are to be brought, it will be assigned a case number.

7.2  A copy of a document will satisfy the conditions necessary to establish its authenticity if it is an official copy of the court of origin.

7.3  If judgment is set aside in the court of origin, the judgment creditor must notify all courts in which enforcement proceedings are pending in England and Wales under the EOP as soon as reasonably practicable after the order is served on the judgment creditor. Notification may be by any means available including fax, e-mail, post or telephone.

Back to top of page

Rule 78.10 – An application for refusal of enforcement

8.1  An application must be accompanied by an official copy of the earlier judgment, any other documents relied upon and any translations required by the EOP Regulation.

8.2  Where the applicant relies on article 22(1) of the EOP Regulation, the application must be supported by written evidence showing –

(1) why the earlier judgment is irreconcilable with the judgment which the claimant is seeking to enforce; and

(2) why the irreconcilability was not, and could not have been, raised as an objection in the proceedings in the court of origin.

8.3  Where the applicant relies on article 22(2), the application must be supported by written evidence of the extent to which the defendant has paid the claimant the amount awarded in the EOP.

Back to top of page

Rule 78.11 – Stay of or limitation on enforcement

9.1  Unless the court orders otherwise, an application must be accompanied by evidence of the review application in the court of origin, including –

(1) the review application or a copy of the review application certified by an appropriate officer of the court of origin; and

(2) where that document is not in English, a translation of it into English.

9.2  The written evidence in support of the application must state –

(1) that a review application has been brought in the Member State of origin;

(2) the nature of that review application; and

(3) the date on which the review application was filed, the stage the application has reached and the date by which it is believed that the application will be determined.

Back to top of page

ESCP Regulation and application of the Civil Procedure Rules

10  Claims under the ESCP are primarily governed by the ESCP Regulation. Where the ESCP Regulation is silent, the Civil Procedure Rules apply with necessary modifications. In particular, Part 52 applies to any appeals.

Back to top of page

Rule 78.13 – Filing an ESCP claim form

11  An ESCP claim form must be filed at court in person or by post.

Back to top of page

Article 4(4) of the ESCP Regulation - inadequate or insufficient information

12.1  Article 4(4) of the ESCP Regulation makes provision for –

(1) the completion or rectification of the claim form;

(2) the supply of supplementary information or documents; or

(3) the withdrawal of the claim,

within a specified time.

12.2  The time specified for the purposes of article 4(4) is within 30 days of the date of the request by the court to complete or rectify the claim form (using Form B annexed to the ESCP Regulation).

Back to top of page

Rule 78.14 – Allocation of ESCP claims

13.1  Rule 78.14(1) provides that ESCP claims are treated as if they were allocated to the small claims track. However, rule 78.14(2) disapplies rule 27.14 on costs because recital 29 to the ESCP Regulation contains different provisions on costs.

13.2  Rule 26.6(1) (scope of the small claims track) is also disapplied because article 2(1) of the ESCP Regulation has a different financial limit.

Back to top of page

Filing documents at court other than the ESCP claim form

14  Documents other than the ESCP claim form that are filed at or sent to the court in the ESCP proceedings, including the defendant's response, may be filed, in addition to by post or in person, by –

(1) fax; or

(2) other electronic means where the facilities are available.

Back to top of page

Service

15  Where the ESCP Regulation is silent on service, the Service Regulation and the Civil Procedure Rules apply as appropriate.

Back to top of page

Rule 78.17 – Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation

16.1  Rule 78.17(7) applies to counterclaims as if the counterclaim were an ESCP claim because the second paragraph of article 5(7) of the ESCP Regulation applies certain provisions about claims in the ESCP Regulation, including article 5(5), to ESCP counterclaims.

16.2  Attention is also drawn to the first paragraph of article 5(7) of the ESCP Regulation (transfer of claim and counterclaim in certain circumstances).

Back to top of page

Oral hearing under article 8 of the ESCP Regulation

17.1  Attention is drawn to article 5(1) of the ESCP Regulation, which sets out limitations on when oral hearings may be held.

17.2  Where an oral hearing is to be held, it will normally take place by telephone or video conference.

Back to top of page

Applications under Part 23

18.1  Where an application is made under Section II of Part 78 there will not normally be an oral hearing.

18.2  Where an oral hearing is to be held, it will normally take place by telephone or video conference.

Back to top of page

Rule 78.20 – Enforcement of an ESCP judgment

19.1  When an ESCP judgment is filed at the High Court, or in the County Court hearing centre in which enforcement proceedings are to be brought, it will be assigned a case number.

19.2  A copy of a document will satisfy the conditions necessary to establish its authenticity if it is an official copy of the courts of the Member State of judgment.

19.3  If judgment is set aside in the Member State of judgment, the judgment creditor must notify all courts in which proceedings are pending in England and Wales to enforce the ESCP judgment as soon as reasonably practicable after the order is served on the judgment creditor. Notification may be by any means available including fax, e-mail, post or telephone.

Back to top of page

Rule 78.21 – Application for refusal of enforcement

20.1  An application must be accompanied by an official copy of the earlier judgment, any other documents relied upon and any translations required by the ESCP Regulation.

20.2  The application must be supported by written evidence showing –

(1) why the earlier judgment is irreconcilable with the judgment which the claimant is seeking to enforce; and

(2) why the irreconcilability was not, and could not have been, raised as an objection in the proceedings in the Member State of judgment.

Back to top of page

Rule 78.22 – Stay of or limitation on enforcement – application following application for review or where the judgment has been challenged

21.1  This paragraph applies where a defendant makes an application under article 23 of the ESCP Regulation in circumstances where –

(1) an application for review has been made under article 18 (‘review application’); or

(2) the defendant has challenged the judgment.

21.2  Unless the court orders otherwise, the application under article 23 must be accompanied by evidence of the review application or challenge in the Member State of judgment. This must include a copy of the document initiating the review application or challenge or a copy of the review application or challenge, certified by an appropriate officer of the court in the Member State of judgment.

21.3  Where a document is not in English, it must be accompanied by a translation of it into English.

21.4  The written evidence in support of the application must state –

(1) that a review application or challenge has been brought in the Member State of judgment;

(2) the nature of that review application or challenge; and

(3) the date on which the review application or challenge was filed, the state of the proceedings and the date by which it is believed that the application or challenge will be determined.

Back to top of page

Rule 78.24 Making a mediation settlement enforceable (mediation settlement enforcement orders)

22.1  Where an application for a mediation settlement enforcement order is made under rule 78.24(1)(a) in accordance with Part 23, a copy of the application notice, mediation settlement agreement and evidence of explicit consent must be served on all parties to the mediation settlement agreement who are not also parties to the application.

22.2  Where an application for a mediation settlement enforcement order is made under rule 78.24(1)(b) by the Part 8 procedure –

(1) the claim form may be issued without naming a defendant; and

(2) a copy of the claim form, mediation settlement agreement and evidence of explicit consent must be served on all parties to the mediation settlement agreement who are not also parties to the application.

22.3  No document relating to an application for a mediation settlement enforcement order may be inspected by a person who is not a party to the proceedings under rule 5.4C without the permission of the court.

22.4  Where the application is supported by evidence of explicit consent to the application by a party to the mediation settlement agreement, the evidence must be in English or accompanied by a translation into English.

22.5  Where a party to the mediation settlement agreement writes to the court consenting to the making of the mediation settlement enforcement order, the correspondence must be in English or accompanied by a translation into English.

22.6  Where the parties to pending proceedings agree to apply for a mediation settlement enforcement order, they must inform the court immediately.

Back to top of page
Ministry of Justice

Contact

Get email alerts
Find a form
Find a court form