PART 12DEFAULT JUDGMENT
Nature of judgment where default judgment obtained by filing a requestI112.5
1
Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)—
a
the date by which the whole of the judgment debt is to be paid; or
b
the times and rate at which it is to be paid by instalments.
2
Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on the filing of a request, will be judgment for the amount of the claim (less any payments made) and costs—
a
to be paid by the date or at the rate specified in the request for judgment; or
b
if none is specified, immediately.
(Interest may be included in a default judgment obtained by filing a request if the conditions set out in Rule 12.6 are satisfied)
(Rule 45.4 provides for fixed costs on the entry of a default judgment)
3
Where the claim is for an unspecified amount of money, a default judgment obtained on the filing of a request will be for an amount to be decided by the court and costs.
4
Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained on the filing of a request will be judgment requiring the defendant to—
a
deliver the goods or (if he does not do so) pay the value of the goods as decided by the court (less any payments made); and
b
pay costs.
(Rule 12.7 sets out the procedure for deciding the amount of a judgment or the value of the goods)
5
The claimant’s right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods).