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Paragraph 59.7 Default judgment

Original text. Later amendments are not shown.

(1)

Part 12 applies to mercantile claims, except that rules 12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this rule.

(2)

If, in a Part 7 claim—

(a)

the claim form has been served but no particulars of claim have been served; and

(b)

the defendant has failed to file an acknowledgment of service,

the claimant must make an application if he wishes to obtain a default judgment.

(3)

The application may be made without notice, but the court may direct it to be served on the defendant.