Act of Sederunt (Sheriff Court Rules Amendment) (European Small Claims Procedure and European Order for Payment Procedure) 2017

Amendments to the Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008

2.—(1) The Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008(1) is amended in accordance with this paragraph.

(2) In rule 5 (ancillary applications), before paragraph (1) insert—

“(A1) An application under paragraph 1 of Article 8 (oral hearing by distance communication technology)(2) is to be made by minute in Form 2A, together with the proposed request in Form A or I (as the case may be) in the Annex to Council Regulation (EC) No 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters(3).”.

(3) In the schedule (forms)—

(a) after Form 2 (transfer to domestic procedure)(4), insert the Form in the schedule of this Act of Sederunt; and

(b) in Form 3 (application for review of judgment)—

(i) for “Service was not effected in sufficient time to enable me to arrange for my defence, without any fault on my part” substitute “I was not served with the claim form, or, in the event of an oral hearing, was not summoned to that hearing, in sufficient time and in such a way as to enable me to arrange for my defence”; and

(ii) for “objecting to” substitute “contesting”.

(1)

S.S.I. 2008/435, as amended by S.S.I. 2016/367.

(2)

Article 8 of Regulation (EC) 861/2007 of the European Parliament and of the Council of 11th July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p.1) was substituted by Article 1(5) of Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24.12.2015, p.1).

(3)

OJ L 174, 27.6.2001, p.1.

(4)

Form 2 was amended by S.S.I. 2016/367.