The Civil Procedure Rules 1998

Default judgment obtained by making an application E+W

12.10  The claimant must make an application in accordance with Part 23 where—

(a) the claim is—

(i) a claim against a child or patient;

(ii) a claim in tort by one spouse against the other; or

(iii) a claim against the Crown.

(b) he wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—

(i) against a defendant who has been served with the claim out of the jurisdiction under [F1 rule 6.19(1)] [F2 or (1A)] (service without leave F3 ...);

(ii) against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F4 or Regulation State];

(iii) against a State;

(iv) against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964(1); or

(v) against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981(2).

Textual Amendments

F1 Words in rule 12.10(b) substituted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 7

F2 Words in rule 12.10(b)(i) inserted (1.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(a)(i)

F3 Words in rule 12.10(b)(i) omitted (1.3.2002) by virtue of The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(a)(ii)

F4 Words in rule 12.10(b)(ii) inserted (1.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(b)

Commencement Information

I1 Rule 12.10 in force at 26.4.1999, see Signature

(1)

1964 c. 81.

(2)

1968 c. 48; 1981 c. 9.