Rules of the Superior Courts (Order 42C) 2018.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Order 42C) 2018, shall come into operation on the 10th day of June 2018.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2018.
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paragraphs: The Rules of the Superior Courts are amended:
(i) by the substitution for rule 1 of Order 42C of the following rule:
“1. In this Order—
“2008 Regulations” means the European Communities (European Order for Payment) Regulations 2008 ( S.I. No. 525 of 2008 ) as amended by the European Communities (European Small Claims Procedure and European Order for Payment) (Amendment) Regulations 2017 ( S.I. 312 of 2017 );
“European order for payment” means an order for payment under the European order for payment procedure referred to in Regulation No. 1896/2006;
“Member State” means a Member State of the European Union, with the exception of Denmark;
“Member State of origin” and “court of origin” each has the same meaning as in Article 5 of Regulation No. 1896/2006;
“Regulation No. 1896/2006” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, OJ L 399/1 of 30 December 2006, and corrigendum OJ L 18/11 of 25 January 2007, as amended by Regulation (EC) No. 2015/2421 of the European Parliament and of the Council of 16 December 2015, OJ L 341 of 24 December 2015;
references in this Order to any form prescribed by or in any Annex to Regulation No. 1896/2006 include reference to such forms as amended or substituted, and to any other forms for the time being prescribed for use in connection with Regulation No. 1896/2006.”;
(ii) by the substitution for sub-rule (11) of rule 3 of Order 42C of the following rule:
“(11) Where
(a) a statement of opposition is entered to a European order for payment in accordance with Regulation No. 1896/2006, and
(b) the claimant has not explicitly requested in accordance with Article 17(1) of Regulation No. 1896/2006 that the proceedings be terminated in that event, and either:
(i) the claimant has requested that any appropriate national civil procedure be applied to his or her claim in that event, or
(ii) the claimant has not indicated which of either the European Small Claims Procedure or any appropriate national civil procedure he requests be applied to his or her claim, in that event,
the Master shall proceed in accordance with Regulation 9(2) of the 2008 Regulations and shall cause the claimant to be notified that the defendant has lodged a statement of opposition and, as the case may be:
(I) that the proceedings have been remitted to the Circuit Court or to the District Court in accordance with Regulation 9(2) of the 2008 Regulations, or
(II) that the proceedings have been remitted for plenary hearing by the Court.
(12) Where:
(a) a statement of opposition is entered to a European order for payment in accordance with Regulation No. 1896/2006, and
(b) the claimant has not explicitly requested in accordance with Article 17(1) of Regulation No. 1896/2006 that the proceedings be terminated in that event, and
(c) the claimant has requested that the European Small Claims Procedure as laid down in Regulation (EC) No 861/2007 be applied if a statement of opposition is entered,
the Master shall consider in accordance with Regulation 9(3) of the 2008 Regulations whether the European Small Claims Procedure is applicable to the claim, and:
(i) where he is satisfied that the European Small Claims Procedure is applicable to the claim, remit the proceedings to the District Court in accordance with Regulation 9(4) of the 2008 Regulations to be prosecuted in accordance with the European Small Claims Procedure and cause the claimant to be notified accordingly, or
(ii) where he is not satisfied that the European Small Claims Procedure is applicable to the claim:
(I) if the claimant has explicitly requested, in accordance with Article 17(2) of Regulation No. 1896/2006 that the transfer referred to in Article 17(2) of Regulation No. 1896/2006 not be made in that event, take no further action and cause the claimant to be notified accordingly, or
(II) where paragraph (I) does not apply, proceed in accordance with Regulation 9(2) of the 2008 Regulations and shall cause the claimant to be notified accordingly that the defendant has lodged a statement of opposition and, as the case may be:
(A) that the proceedings have been remitted to the Circuit Court or to the District Court or
(B) that the proceedings have been remitted for plenary hearing by the Court.
(13) Notifications for the purposes of Article 17(5) of Regulation No. 1896/2006 referred to in sub-rule (12) shall be made by one of the methods referred to in rule 3(1), and shall be in Form No. 4 in Appendix F, Part IV.”, and