Article 10 Amendments to Civil Procedure Rules 1998

for paragraph (3), substitute—

“(3)

Part 12 (default judgment) applies to a Part 20 claim only if it is a counterclaim.”;

after paragraph (3), insert—

“(4)

With the exception of—

(a)

rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and

(b)

rule 14.3(1) (admission by notice in writing—application for judgment),

which apply to all Part 20 claims, Part 14 (admissions) applies to a Part 20 claim only if it is a counterclaim.”; and

for the cross-reference, substitute—

• “(Rule 12.3(2) sets out how to obtain judgment in default of defence where the Part 20 claim is a counterclaim against the claimant, and rule 20.11 makes special provision for default judgment in some categories of Part 20 claims)”.