See also Practice Direction
12
Part
12
DEFAULT JUDGMENT
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Meaning of ‘default
judgment’
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12.1 |
In these Rules, ‘default judgment’ means
judgment without trial where a defendant –
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| | (a)
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has failed to file an acknowledgment of service;
or
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| | (b)
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has failed to file a defence.
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(Part 10 contains provisions about filing an
acknowledgment of service and Part 15 contains provisions about filing a
defence)
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Claims in which default judgment may not be
obtained
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12.2 |
A claimant may not obtain a default judgment
–
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| | (a)
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on a claim for delivery of goods subject to an
agreement regulated by the Consumer Credit Act 1974Acts1;
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| | (b)
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where he uses the procedure set out in Part 8
(alternative procedure for claims); or
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| | (c)
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in any other case where a practice direction
provides that the claimant may not obtain default judgment.
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Conditions to be satisfied
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12.3 |
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| | (1)
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The claimant may obtain judgment in default of an
acknowledgment of service only if –
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| | (a)
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the defendant has not filed an acknowledgment of
service or a defence to the claim (or any part of the claim); and
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| | (b)
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the relevant time for doing so has
expired.
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| | (2)
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Judgment in default of defence may be obtained only
–
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where an acknowlegement of service has been filed
but a defence has not been filed;
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| | (b)
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in a counterclaim made under rule 20.4, where a
defence has not been filed,
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and, in either case, the relevant time limit for doing
so has expired.
(Rule 20.4 makes general provision for a
defendant’s counterclaim against a claimant, and rule 20.4(3) provides
that Part 10 (acknowledgement of service) does not apply to a counterclaim made
under that rule)
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| | (3)
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The claimant may not obtain a default judgment if
–
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| | (a)
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the defendant has applied –
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| | (i)
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to have the claimant’s statement of
case struck out under rule 3.4; or
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| | (ii)
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for summary judgment under Part 24,
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and, in either case, that application has not
been disposed of;
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| | (b)
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the defendant has satisfied the whole claim
(including any claim for costs) on which the claimant is seeking judgment;
or
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| | (c)
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| | (i)
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the claimant is seeking judgment on a claim
for money; and
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| | (ii)
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the defendant has filed or served on the
claimant an admission under rule 14.4 or 14.7 (admission of liability to pay
all of the money claimed) together with a request for time to pay.
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(Part 14 sets out the procedure where a defendant admits
a money claim and asks for time to pay)
(Rule
6.17 provides that, where the claim form is served by the claimant, the
claimant may not obtain default judgment unless a certificate of service has
been filed.)
(Article
19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e))
applies in relation to judgment in default where the claim form is served in
accordance with that Regulation.)
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Amendments to Rule 12.3 w/e from 2 May 2000,
New paragraph added to Rule 12.3 w/e from 31 May 2001,
Text substituted in second and third parenthesis below Rule 12.3(3) (c)(ii) w/e from 1 October 2008. |
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Procedure for obtaining default
judgment
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12.4 |
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| | (1)
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Subject to paragraph (2), a claimant may obtain a
default judgment by filing a request in the relevant practice form where the
claim is for –
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| | (a)
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a specified amount of money;
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| | (b)
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an amount of money to be decided by the
court;
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| | (c)
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delivery of goods where the claim form gives the
defendant the alternative of paying their value; or
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| | (d)
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any combination of these remedies.
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| | (2)
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The claimant must make an application in accordance
with Part 23 if he wishes to obtain a default judgment –
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| | (a)
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on a claim which consists of or includes a claim
for any other remedy; or
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and where the defendant is an individual, the claimant must
provide the defendant's date of birth (if known) in Part C of the application
notice.
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| | (3)
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Where a claimant –
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| | (a)
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claims any other remedy in his claim form in
addition to those specified in paragraph (1); but
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| | (b)
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abandons that claim in his request for
judgment,
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he may still obtain a default judgment by filing a
request under paragraph (1).
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| | (4)
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In civil proceedings against the
Crown, as defined in rule 66.1(2), a request for a default judgment must be
considered by a Master or district judge, who must in particular be satisfied
that the claim form and particulars of claim have been properly served on the
Crown in accordance with section 18 of the Crown Proceedings ActActs 1947 and rule
6.10.
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| This Rule is referred to in: Part 13 (13.6), (13.6), Part 40 (40.2), Part 45 (45.1), (45.4A), (45.4A), PDP 04 (3.2), PDP 12 (2.1), (2.2), QB Guide - Chapter 5 (5.5), (5.5). |
New Rule 12.4(4) inserted. w/e from 6 April 2006.,
New text inserted after Rule 12.4(2) inserted w/e from 6 April 2006.,
Text substituted in Rule 12.4(4) w/e from 1 October 2008. |
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Nature of judgment where default judgment obtained by
filing a request
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12.5 |
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Where the claim is for a specified sum of money, the
claimant may specify in a request filed under rule 12.4(1) –
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the date by which the whole of the judgment debt is to be paid; or
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the times and rate at which it is to be paid by
instalments.
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| | (2)
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Except where paragraph (4) applies, a default judgment
on a claim for a specified amount of money obtained on the filing of a request,
will be judgment for the amount of the claim (less any payments made) and costs
–
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to be paid by the date or at the rate specified
in the request for judgment; or
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if none is specified, immediately.
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(Interest may be included in a default judgment obtained
by filing a request if the conditions set out in Rule 12.6 are
satisfied)
(Rule 45.4 provides for fixed costs on the entry of a
default judgment)
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| | (3)
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Where the claim is for an unspecified amount of money a
default judgment obtained on the filing of a request will be for an amount to
be decided by the court and costs.
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| | (4)
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Where the claim is for delivery of goods and the claim
form gives the defendant the alternative of paying their value, a default
judgment obtained on the filing of a request will be judgment requiring the
defendant to –
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deliver the goods or (if he does not do so) pay
the value of the goods as decided by the court (less any payments made);
and
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(Rule 12.7 sets out the procedure for deciding the amount
of a judgment or the value of the goods)
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| | (5)
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The claimant’s right to enter judgment requiring
the defendant to deliver goods is subject to rule 40.14 (judgment in favour of
certain part owners relating to the detention of goods).
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Interest
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12.6 |
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A default judgment on a claim for a specified amount of
money obtained on the filing of a request may include the amount of interest
claimed to the date of judgment if –
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the particulars of claim include the details
required by rule 16.4;
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| | (b)
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where interest is claimed under section 35A of
the Supreme Court Act 1981Acts2 or
section 69 of the County Courts Act 1984Acts3, the
rate is no higher than the rate of interest payable on judgment debts at the
date when the claim form was issued; and
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| | (c)
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the claimant’s request for judgment
includes a calculation of the interest claimed for the period from the date up
to which interest was stated to be calculated in the claim form to the date of
the request for judgment.
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| | (2)
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In any case where paragraph (1) does not apply,
judgment will be for an amount of interest to be decided by the court.
(Rule 12.7 sets out the procedure for deciding the amount
of interest)
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Procedure for deciding an amount or
value
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12.7 |
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| | (1)
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This rule applies where the claimant obtains a default
judgment on the filing of a request under rule 12.4(1) and judgment is for
–
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an amount of money to be decided by the
court;
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the value of goods to be decided by the court;
or
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an amount of interest to be decided by the
court.
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| | (2)
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Where the court enters judgment it will –
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give any directions it considers appropriate;
and
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if it considers it appropriate, allocate the
case.
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Claim against more than one defendant
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12.8 |
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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 his claim against the other
defendants.
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| | (2)
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Where a claimant applies for a default judgment against
one of two or more defendants –
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if the claim can be dealt with separately from
the claim against the other defendants –
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the court may enter a default judgment
against that defendant; and
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| | (ii)
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the claimant may continue the proceedings
against the other defendants;
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| | (b)
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if the claim cannot be dealt with separately from
the claim against the other defendants –
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| | (i)
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the court will not enter default judgment
against that defendant; and
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| | (ii)
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the court must deal with the application at
the same time as it disposes of the claim against the other defendants.
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| | (3)
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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 –
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he has obtained a judgment for possession or
delivery (whether or not obtained under this Part) against all the defendants
to the claim; or
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the court gives permission.
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Procedure for obtaining a default judgment for costs
only
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12.9 |
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| | (1)
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Where a claimant wishes to obtain a default judgment
for costs only –
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if the claim is for fixed costs, he may obtain it
by filing a request in the relevant practice form;
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| | (b)
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if the claim is for any other type of costs, he
must make an application in accordance with Part 23.
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| | (2)
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Where an application is made under this rule for costs
only, judgment shall be for an amount to be decided by the court.
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(Part 45 sets out when a claimant is entitled to fixed
costs)
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Default judgment obtained by making an
application
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12.10 |
The claimant must make an application in accordance
with Part 23 where –
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the claim is –
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a claim against a child or protected
party; or
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| | (ii)
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a claim in tort by one spouse or civil
partner against the other.
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| | (b)
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the
claimant wishes to obtain a
default judgment where the defendant has failed to file an acknowledgment of
service –
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| | (i)
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against a defendant who has been served
with the claim out of the jurisdiction under rule 6.32(1),
6.33(1) or 6.33(2);
(service
where permission of the court is not required
under the Civil Jurisdiction and Judgments Act
19824);
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| | (iv)
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against a diplomatic
agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic
Privileges Act 19645;
or
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| | (v)
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against persons or organisations who enjoy
immunity from civil jurisdiction pursuant to the provisions of the
International Organisations Acts 1968 and 1981Acts6.
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Rule 12.10 amended w/e from 1 March 2002,
Rule 12.10(a) replaced w/e from 1 October 2005,
Text substituted in Rule 12.10(a)(i)
w/e from 1 July 2007,
Text substituted in Rule 12.10(b), Rule 12.10(b)(i) and Rule 12.10(b)(ii) w/e from 1 October 2008. |
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Supplementary provisions where applications for default
judgment are made
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12.11 |
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Where the claimant makes an application for a default
judgment, judgment shall be such judgment as it appears to the court that the
claimant is entitled to on his statement of case.
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| | (2)
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Any evidence relied on by the claimant in support of
his application need not be served on a party who has failed to file an
acknowledgment of service.
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| | (3)
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An application for a default judgment on a claim
against a child or protected
party or a claim in tort between
spouses or civil partners must
be supported by evidence.
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| | (4)
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An application for a default judgment may be made
without notice if –
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| | (b)
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the defendant has failed to file an
acknowledgment of service; and
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notice does not need to be given under any other
provision of these Rules.
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| | (5)
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Where an application is made against a State for a
default judgment where the defendant has failed to file an acknowledgment of
service –
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the application may be made without notice, but
the court hearing the application may direct that a copy of the application
notice be served on the State;
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| | (b)
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if the court –
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grants the application; or
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| | (ii)
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directs that a copy of the application
notice be served on the State,
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the judgment or application notice (and the
evidence in support) may be served out of the jurisdiction without any further
order;
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| | (c)
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where paragraph (5)(b) permits a judgment or an
application notice to be served out of the jurisdiction, the procedure for
serving the judgment or the application notice is the same as for serving a
claim form under Section III of Part 6 except where an alternative method of
service has been agreed under section 12(6) of the State Immunity Act 1978Acts7.
(Rule 23.1 defines ‘application
notice’)
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| | (6)
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For the purposes of this rule and rule 12.10 –
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| | (a)
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‘ domicile’
is to be determined –
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| | (i)
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in relation to a Convention territory, in
accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act
1982;
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| | (ii)
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in relation to a Member
State, in accordance with the
Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil
Jurisdiction and Judgments Order 2001;
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| | (b)
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‘ Convention territory’ means the
territory or territories of any Contracting State, as defined by section 1(3)
of the Civil Jurisdiction and Judgments Act 1982Acts, to which the Brussels
Conventions or Lugano Convention apply;
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| | (c)
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‘ State’ has the meaning given by
section 14 of the State Immunity Act 1978Acts;
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| | (d)
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‘Diplomatic agent’ has the meaning
given by Article 1(e) of Schedule 1 to the Diplomatic Privileges Act 1964Acts;
and
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| | (e)
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‘the Judgments Regulation’ means
Council Regulation (EC) No. 44/2001 of 22nd December 2000
on jurisdiction and the recognition and enforcement of judgments in civil and
commercial matters, as amended
from time to time and as applied by the Agreement made on 19th October 2005
between the European Community and the Kingdom of Denmark on jurisdiction and
the recognition and enforcement of judgments in civil and commercial
matters8.
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Insert new text in Rule 12.11(6)(d) w/e from 1 October 2008,
New Rule 12.11(3) inserted w/e from 1 October 2005,
Rule 12.11 amended w/e from 1 March 2002,
Rule 12.11(6)(f) omitted w/e from 1 October 2008,
Text substituted in Rule 12.11(3)
w/e from 1 July 2007,
Text substituted in Rule 12.11(4)(a), Rule 12.11(6)(a)(ii), and Rule 12.11(6)(e) w/e from 1 October 2008,
Text substituted in Rule 12.11(6)
w/e from 1 July 2007. |
