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Rule 58.8 Default judgmentF1

(1)

If, in a Part 7 claim in the commercial list, a defendant fails to file an acknowledgment of service, the claimant need not serve particulars of claim before he may obtain or apply for default judgment in accordance with Part 12.

(2)

Rule F212.7(1) applies with the modification that paragraph (a) shall be read as if it referred to the claim form instead of the particulars of claim.

Annotations

Textual amendments

F1

Pt. 58 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 2

F2

Word in rule 58.8(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 24

Notes on Part 58

Textual amendments

F2

Words in Pt. 58 Table of Contents inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(4), 15(1) (with rule 2)