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Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008

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Opposition to European order for payment

5.—(1) This rule applies where–

(a)the defendant lodges a statement of opposition to a European order for payment in accordance with Article 16 (opposition to European order for payment); and

(b)the claimant has not explicitly requested that the proceedings be terminated in that event.

(2) The proceedings shall continue under the Ordinary Cause Rules, the Summary Cause Rules or the Small Claim Rules, as the case may be, and the sheriff is to make an order containing such provision as the sheriff thinks fit for the purpose of bringing the proceedings into line with an appropriate stage of proceedings under those rules.

(3) The provision which may be made in an order under paragraph (2) includes–

(a)provision dispensing with any provision of the rules concerned; or

(b)provision deeming any document lodged in the proceedings for the European order for payment to constitute a document in proceedings under those rules.

(4) The court must, within 21 days after the statement of opposition was lodged–

(a)send to the claimant a notice in Form 1; and

(b)send a copy of that form to the defendant.

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