Rule 12.9 Claim against more than one defendantF1

(1)

A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with the claim against the other defendants.

(2)

Where a claimant applies for a default judgment against one of two or more defendants—

(a)

if the claim can be dealt with separately from the claim against the other defendants—

(i)

the court may enter a default judgment against that defendant; and

(ii)

the claimant may continue the proceedings against the other defendants;

(b)

if the claim cannot be dealt with separately from the claim against the other defendants—

(i)

the court will not enter default judgment against that defendant; and

(ii)

the court must deal with the application at the same time as it deals with the claim against the other defendants.

(3)

A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless—

(a)

they have obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

(b)

the court gives permission.

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