Litigation Letter
EU cross-border claims
The Civil Procedure (Amendment) Rules 2008 brought into force European regulations incorporating the European Order for Payments
(EOP) and the European Small Claims Procedure (ESCP) with effect from 12 December 2008 and 1 January respectively. The EOP
is for contractual money claims not expected to be defended and introduces a uniform procedure with standard forms and requires
a minimum knowledge of foreign legal procedures. An EOP requires the defendant either to pay or to oppose the claim. If the
claim is opposed, the proceedings will be dealt with under CPR Part 7 with the application form standing as the particulars
of claim. Claims not exceeding £15,000 must be commenced in the county court and all other claims may be commenced in either
the High Court or the county court. The procedure is basically for debt collection and does not include claims arising out
of non-contractual obligations or matrimonial relationships.