F1PART 12DEFAULT JUDGMENT
Conditions to be satisfied12.3
1
The claimant may obtain judgment in default of an acknowledgment of service only if at 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.
2
Judgment in default of defence (or any document intended to be a defence) may be obtained only—
a
where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;
b
in a counterclaim made under rule 20.4, where at 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.
(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule.)
3
The claimant may not obtain a default judgment if—
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 dealt with;
b
the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
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; 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 dealt with.
(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay.)
(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.)
Pt. 12 substituted (with application in accordance with rule 1(2) of the amending S.I.) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), Sch. 2