The Civil Procedure Rules 1998

Default judgment obtained by making an application E+W

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 [F2 protected party]; or

(ii) a claim in tort by one spouse or civil partner against the other.]

(b) [F3 the claimant] 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 [F4 rule [F5 6.32(1), 6.33(1) [F6 , 6.33(2) or 6.33(2B)]] ( [F7 service where permission of the court is not required] ...);

(ii) against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F8 or [F9 Member 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

F1 Rule 12.10(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 20

F2 Words in rule 12.10(a)(i) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 5(a)

F3 Words in rule 12.10(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 9(d)(i)

F4 Words 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

F5 Words in rule 12.10(b)(i) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 9(d)(ii)(aa)

F6 Words in rule 12.10(b)(i) substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), reg. 1(1), Sch. para. 3

F7 Words in rule 12.10(b)(i) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 9(d)(ii)(bb)

F8 Words 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)

F9 Words in rule 12.10(b)(ii) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 9(d)(iii)

Commencement Information

I1 Rule 12.10 in force at 26.4.1999, see Signature

(1)

1964 c. 81.

(2)

1968 c. 48; 1981 c. 9.