Article 6 Amendments to Civil Procedure Rules 1998

for paragraph (2), substitute—

“(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.”;

after paragraph (2), insert—

• “(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)”; and

in paragraph (3), for sub-paragraph (a) substitute—

“(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;”.