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 [F2protected party]; or
(ii)a claim in tort by one spouse or civil partner against the other.]
(b)[F3the 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 [F4rule [F56.32(1), 6.33(1) [F6, 6.33(2) or 6.33(2B)]] ( [F7service where permission of the court is not required] ...);
(ii)against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F8or [F9Member 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(a)(i) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 5(a)
F3Words 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)
F4Words 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
F5Words 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)
F6Words 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
F7Words 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)
F8Words 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)
F9Words 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
I1Rule 12.10 in force at 26.4.1999, see Signature