F1PART 12DEFAULT JUDGMENT

Annotations:
Amendments (Textual)
F1

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

Claim against more than one defendant12.9

1

A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with the claim against the other defendants.

2

Where a claimant applies for a default judgment against one of two or more defendants—

a

if the claim can be dealt with separately from the claim against the other defendants—

i

the court may enter a default judgment against that defendant; and

ii

the claimant may continue the proceedings against the other defendants;

b

if the claim cannot be dealt with separately from the claim against the other defendants—

i

the court will not enter default judgment against that defendant; and

ii

the court must deal with the application at the same time as it deals with the claim against the other defendants.

3

A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless—

a

they have obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

b

the court gives permission.