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PART 12DEFAULT JUDGMENT

Claim against more than one defendant

12.8—(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.

(2) Where a claimant applies for a default judgment against one of two or more defendants—

(a)if the claim can be dealt with separately from the claim against the other defendants—

(i)the court may enter a default judgment against that defendant; and

(ii)the claimant may continue the proceedings against the other defendants;

(b)if the claim cannot be dealt with separately from the claim against the other defendants—

(i)the court will not enter default judgment against that defendant; and

(ii)the court must deal with the application at the same time as it disposes of the claim against the other defendants.

(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless—

(a)he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

(b)the court gives permission.