[F1Conditions to be satisfiedE+W
12.3.—(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—
(a)the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b)the relevant time for doing so has expired.
(2) Judgment in default of defence (or any document intended to be a defence) may be obtained only—
(a)where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;
(b)in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,
and, in either case, the relevant time limit for doing so has expired.
(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule.)
(3) The claimant may not obtain a default judgment if—
(a)the defendant has applied—
(i)to have the claimant’s statement of case struck out under rule 3.4; or
(ii)for summary judgment under Part 24,
and, in either case, that application has not been dealt with;
(b)the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
(c)(i)the claimant is seeking judgment on a claim for money; and
(ii)the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay; or
(d)notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been dealt with.
(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay.)
(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)]
Textual Amendments
F1Pt. 12 substituted (with application in accordance with rule 1(2) of the amending S.I.) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), Sch. 2