PART 12DEFAULT JUDGMENT

Supplementary provisions where applications for default judgment are madeI112.11

1

Where the claimant makes an application for a default judgment, judgment shall be such judgment as it appears to the court that the claimant is entitled to on his statement of case.

2

Any evidence relied on by the claimant in support of his application need not be served on a party who has failed to file an acknowledgment of service.

3

An application for a default judgment on a claim against a child or F4protected party or a claim in tort between spouses F3or civil partners must be supported by evidence.

4

An application for a default judgment may be made without notice if—

F6a

the claim under the Civil Jurisdiction and Judgments Act 1982 F8... or the 2005 Hague ConventionF14or made in respect of a contract where the contract contains a term to the effect that the court shall have jurisdiction to determine each claim made against the defendant to be served was served in accordance with rules 6.32(1) F9... or 6.33(2B) as appropriate;

b

the defendant has failed to file an acknowledgment of service; and

c

notice does not need to be given under any other provision of these Rules.

5

Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service—

a

the application may be made without notice, but the court hearing the application may direct that a copy of the application notice be served on the State;

b

if the court—

i

grants the application; or

ii

directs that a copy of the application notice be served on the State,

the judgment or application notice (and the evidence in support) may be served out of the jurisdiction without any further order;

c

where paragraph (5)(b) permits a judgment or an application notice to be served out of the jurisdiction, the procedure for serving the judgment or the application notice is the same as for serving a claim form under F1Section III of Part 6 except where an alternative method of service has been agreed under section 12(6) of the State Immunity Act 197816.

(Rule 23.1 defines “application notice”)

6

For the purposes of this rule and rule 12.10—

F12a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

“State” has the meaning given by section 14 of the State Immunity Act 1978; F2...

d

“Diplomatic agent” has the meaning given by Article 1 (e) of Schedule 1 to the Diplomatic Privileges Act 1964; F5and

F10e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7g

“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.