PART 12DEFAULT JUDGMENT

Default judgment obtained by making an applicationI112.10

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

a

the claim is—

i

a claim against a child or patient;

ii

a claim in tort by one spouse against the other; or

iii

a claim against the Crown.

b

he 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 F1rule 6.19(1) (service without leave under the Civil Jurisdiction and Judgments Act 198213);

ii

against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory;

iii

against a State;

iv

against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 196414; or

v

against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 198115.