12.3—(1) The claimant may obtain judgment in default of an acknowledgment of service only if [F1at the date on which judgment is entered] —
(a)the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b)the relevant time for doing so has expired.
[F2(2) Judgment in default of defence may be obtained only—
(a)where an acknowledgment of service has been filed but [F3at the date on which judgment is entered] a defence has not been filed;
(b)in a counterclaim made under rule 20.4, where [F4at the date on which judgment is entered] a defence has not been filed,
and, in either case, the relevant time limit for doing so has expired.]
[F5(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)]
(Rules 10.3 and 15.4 deal respectively with the period for filing an acknowledgment of service and the period for filing a defence)
(3) The claimant may not obtain a default judgment if—
[F6(a)the defendant has applied—
(i)to have the claimant’s statement of case struck out under rule 3.4; or
(ii)for summary judgment under Part 24,
and, in either case, that application has not been disposed of;]
(b)the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment; F7...
(c)(i)the claimant is seeking judgment on a claim for money; and
(ii)the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay [F8; or
(d)notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.]
(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay)
[F9(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)]
F10...
Textual Amendments
F1Words in rule 12.3(1) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 3(a)
F2Rule 12.3(2) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 6(a)
F3Words in rule 12.3(2)(a) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 3(b)(i)
F4Words in rule 12.3(2)(b) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 3(b)(ii)
F5Words in rule 12.3 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 6(b)
F6Rule 12.3(3)(a) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 6(c)
F7Word in rule 12.3(3)(b) omitted (27.6.2013) by virtue of The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rules 1, 4(a)
F8Rule 12.3(3)(d) and word inserted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rules 1, 4(b)
F9Words in rule 12.3 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 9(a)
F10Words in rule 12.3 omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 6(2) (with reg. 19) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information