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

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.

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.

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.

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

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

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).

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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).

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.

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.

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.

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

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.

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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

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.