Textual Amendments
F1Pt. 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
12.3.—(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 [F2at the time the court is considering the issue]—
(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 [F3admitted liability to pay all the money claimed but has requested 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.)]
Textual Amendments
F2Words in rule 12.3(3) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 9
F3Words in rule 12.3(3)(c)(ii) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 5(1)