PART 3THE COURT'S CASE MANAGEMENT POWERS
Judgment without trial after striking outI13.5
1
This rule applies where—
a
the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and
b
the party against whom the order was made does not comply with it.
2
A party may obtain judgment with costs by filing a request for judgment if—
a
the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and
b
where the party wishing to obtain judgment is the claimant, the claim is for—
i
a specified amount of money;
ii
an amount of money to be decided by the court;
iii
delivery of goods where the claim form gives the defendant the alternative of paying their value; or
iv
any combination of these remedies.
3
The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.
4
A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply.