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PART 12E+WDEFAULT JUDGMENT

Default judgment obtained by making an applicationE+W

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

[F1(a)the claim is—

(i)a claim against a child or [F2protected party]; or

(ii)a claim in tort by one spouse or civil partner against the other.]

(b)[F3the claimant] 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 [F4rule [F56.32(1), 6.33(1) [F6, 6.33(2) or 6.33(2B)]] ( [F7service where permission of the court is not required] ...);

(ii)against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F8or [F9Member 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).]