12.10 The claimant must make an application in accordance with Part 23 where—
[F1(a)the claim is—
(i)a claim against a child or patient; or
(ii)a claim in tort by one spouse or civil partner against the other.]
(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 [F2rule 6.19(1)] [F3or (1A)] (service without leave F4...);
(ii)against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F5or Regulation State];
(iii)against a State;
(iv)against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964(1); or
(v)against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981(2).
Textual Amendments
F1Rule 12.10(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 20
F2Words in rule 12.10(b) substituted (2.5.2000) by The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 7
F3Words in rule 12.10(b)(i) inserted (1.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(a)(i)
F4Words in rule 12.10(b)(i) omitted (1.3.2002) by virtue of The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(a)(ii)
F5Words in rule 12.10(b)(ii) inserted (1.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(b), 13(b)
Commencement Information
I1Rule 12.10 in force at 26.4.1999, see Signature