The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 40 E+W [F1 JUDGMENTS, ORDERS, SALE OF LAND ETC]

Textual Amendments

F1 Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)

[F2 I JUDGMENTS AND ORDERS] E+W

Textual Amendments

F2 Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1

Judgment against a State in default of acknowledgment of service E+W

40.10—(1) Where the claimant obtains default judgment under Part 12 on a claim against a State where the defendant has failed to file an acknowledgment of service, the judgment does not take effect until 2 months after service on the State of—

(a) a copy of the judgment; and

(b) a copy of the evidence in support of the application for permission to enter default judgment (unless the evidence has already been served on the State in accordance with an order made under Part 12).

(2) In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978(1).

Commencement Information

I1 Rule 40.10 in force at 26.4.1999, see Signature

(1)

1978 c. 33.