Rule 59.7 Default judgmentF1
Part 12 applies to F2Circuit Commercial claims, except that rules 12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this rule.
If, in a Part 7 claim—
the claim form has been served but no particulars of claim have been served; and
the defendant has failed to file an acknowledgment of service,
the claimant must make an application if he wishes to obtain a default judgment.
The application may be made without notice, but the court may direct it to be served on the defendant.
Annotations
Textual amendments
- F1
Pt. 59 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 3
- F2
Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)
Notes on Part 59
Textual amendments
- F2
Pt. 59 heading substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(1)