C1PART 3THE COURT'S CASE F4AND COSTS MANAGEMENT POWERS
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
F5SECTION I Case Management
Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)
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.
F13
Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if F6the defendant does not do so) pay the value of the goods as decided by the court (less any payments made).
F34
The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.
Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)