The Civil Procedure Rules 1998

Judgment without trial after striking outE+W

3.5—(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.

[F1(3) 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 [F2the defendant] does not do so) pay the value of the goods as decided by the court (less any payments made).]

[F3(4)]  The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.

[F4(5)]  A party must make an application in accordance with Part 23 if [F5they wish] to obtain judgment under this rule in a case to which paragraph (2) does not apply.