2

Judgment in default of defence may be obtained only—

a

where an acknowledgment of service has been filed but a defence has not been filed;

b

in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

• (Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)

a

the defendant has applied—

i

to have the claimant’s statement of case struck out under rule 3.4; or

ii

for summary judgment under Part 24,

and, in either case, that application has not been disposed of;