The Civil Procedure (Amendment) Rules 2000

Amendments to Civil Procedure Rules 1998

6.  In rule 12.3—

(a) for paragraph (2), substitute—

“(2) Judgment in default of defence may be obtained only—

(a) where an acknowledgment of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.”;

(b) after paragraph (2), insert—

• “(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)”; and

(c) in paragraph (3), for sub-paragraph (a) substitute—

“(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 disposed of;”.