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
12.9.—(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.]