# The Civil Procedure Rules 1998, Rule 12.11: Default judgment obtained by making an application


The claimant must make an application in accordance with Part 23 where—
(a) the claim is—
(i) a claim against a child or protected party; or
(ii) a 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.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/12.11 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-12.11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

