Commencement of Proceedings

Abstract

This chapter focuses on the provisions on commencement of proceedings under the European Rules of Civil Procedure. The first section of this part of the Rules concerns the pre-commencement procedural duties. Rule 51 provides that ‘before proceedings are issued, parties shall co-operate with each other in order to avoid unnecessary disputes and costs, to facilitate the early consensual resolution of their dispute and, where such a resolution is not possible, the proportionate management of future proceedings according to Rules 2–11 and 47–50’. The second section concerns the commencement and pleadings. To commence proceedings, the claimant must submit a statement of claim to the court, as provided in Rule 53. Rule 52 sentence 1 implements the principle of party disposition from the outset of proceedings. A claimant may exercise their right of disposition at the earliest stage of proceedings by withdrawal of the claim, while a defendant may do so by admission of the claim upon notice being given. The chapter then looks at the requirements for the statement of defence and counterclaims, as well as the contents of the joint application and the termination of party-agreed-proceedings.