Rule 12.11 Default judgment obtained by making an applicationF1

The claimant must make an application in accordance with Part 23 where—

(a)

the claim is—

(i)

F2a claim against a child or protected party; or

(ii)

F3a claim in tort by one spouse or civil partner against the other;

(b)

the claimant wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—

(i)

against a defendant who has been served with the claim out of the jurisdiction under rule 6.32(1) or 6.33(2B); (service where permission of the court is not required under the Civil Jurisdiction and Judgments Act 1982);

(ii)

against a defendant domiciled in Scotland or Northern Ireland;

(iii)

against a State;

(iv)

against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964; or

(v)

against persons or organisations who enjoy immunity from civil jurisdiction under the provisions of the International Organisations Acts 1968 and 1981.

Annotations

Textual amendments

F1: Pt. 12 substituted (with application in accordance with rule 1(2) of the amending S.I.) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), Sch. 2
F2: Words in rule 12.11(a)(i) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 10(3)
F3: Words in rule 12.11(a)(ii) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 10(3)