Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

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Conditions to be satisfied
     12.3  - (1) The claimant may obtain judgment in default of an acknowledgment of service only if - 

    (2) The claimant may obtain judgment in default of defence only if - 

(Rules 10.3 and 15.4 deal respectively with the period for filing an acknowledgment of service and the period for filing a defence)

    (3) The claimant may not obtain a default judgment if - 

(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay)

(Rule 6.14 provides that, where the claim form is served by the claimant, he may not obtain default judgment unless he has filed a certificate of service)

Procedure for obtaining default judgment
    
12.4  - (1) 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 - 

    (2) The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment - 

    (3) Where a claimant - 

he may still obtain a default judgment by filing a request under paragraph (1).

Nature of judgment where default judgment obtained by filing a request
    
12.5  - (1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1) - 

    (2) 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 - 

(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)

    (3) 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.

    (4) 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 - 

(Rule 12.7 sets out the procedure for deciding the amount of a judgment or the value of the goods)

    (5) 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).

Interest
    
12.6  - (1) 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 - 

    (2) 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)

Procedure for deciding an amount or value
     12.7  - (1) 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 - 

    (2) Where the court enters judgment it will - 

Claim against more than one defendant
    
12.8  - (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 his claim against the other defendants.

    (2) Where a claimant applies for a default judgment against one of two or more 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 - 

Procedure for obtaining a default judgment for costs only
    
12.9  - (1) Where a claimant wishes to obtain a default judgment for costs only - 

    (2) Where an application is made under this rule for costs only, judgment shall be for an amount to be decided by the court.

(Part 45 sets out when a claimant is entitled to fixed costs)

Default judgment obtained by making an application
    
12.10 The claimant must make an application in accordance with Part 23 where - 

Supplementary provisions where applications for default judgment are made
     12.11  - (1) 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.

    (2) 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.

    (3) An application for a default judgment on a claim against a child or patient or a claim in tort between spouses must be supported by evidence.

    (4) An application for a default judgment may be made without notice if - 

    (5) Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service - 

(Rule 23.1 defines "application notice")

    (6) For the purposes of this rule and rule 12.10 - 

    (a) "domicile" is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;

    (b) "Convention territory" means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which the Brussels Conventions or Lugano Convention apply;

    (c) "State" has the meaning given by section 14 of the State Immunity Act 1978; and

    (d) "Diplomatic agent" has the meaning given by Article 1 (e) of Schedule 1 to the Diplomatic Privileges Act 1964.



PART 13

SETTING ASIDE OR VARYING DEFAULT JUDGMENT




Contents of this Part
Scope of this Part Rule 13.1
Cases where the court must set aside judgment entered under Part 12 Rule 13.2
Cases where the court may set aside or vary judgment entered under Part 12 Rule 13.3
Application to set aside or vary judgment - procedure Rule 13.4
Claimant's duty to apply to set aside judgment Rule 13.5
Abandoned claim restored where default judgment set aside Rule 13.6

Scope of this Part
     13.1 The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment).

(CCR Order 22 r.10 sets out the procedure for varying the rate at which a judgment debt must be paid)

Cases where the court must set aside judgment entered under Part 12
    
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because - 

    (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

    (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

    (c) the whole of the claim was satisfied before judgment was entered.

Cases where the court may set aside or vary judgment entered under Part 12
    
13.3  - (1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if - 

    (2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

Application to set aside or vary judgment - procedure
    
13.4  - (1) Where - 

the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant's home court.

(Rule 2.3 explains which court is a defendant's home court)

    (2) Paragraph (1) does not apply where the claim was commenced in a specialist list.

    (3) An application under rule 13.3 (cases where the court may set aside(GL) or vary judgment) must be supported by evidence.

Claimant's duty to apply to set aside judgment
    
13.5  - (1) This rule applies where - 

    (2) If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must - 

    (3) The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside(GL) or the court has disposed of the application for directions.

Abandoned claim restored where default judgment set aside
    
13.6 Where - 

the abandoned claim is restored when the default judgment is set aside.



PART 14

ADMISSIONS




Contents of this Part
Making an admission Rule 14.1
Period for making an admission Rule 14.2
Admission by notice in writing - application for judgment Rule 14.3
Admission of whole of claim for specified amount of money Rule 14.4
Admission of part of claim for specified amount of money Rule 14.5
Admission of liability to pay whole of claim for unspecified amount of money Rule 14.6
Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim Rule 14.7
Allocation of claims in relation to outstanding matters Rule 14.8
Request for time to pay Rule 14.9
Determination of rate of payment Rule 14.10
Determination of rate of payment by court officer Rule 14.11
Determination of rate of payment by judge Rule 14.12
Right of re-determination Rule 14.13
Interest Rule 14.14

Making an admission
    
14.1  - (1) A party may admit the truth of the whole or any part of another party's case.

    (2) He may do this by giving notice in writing (such as in a statement of case or by letter).

    (3) Where the only remedy which the claimant is seeking is the payment of money, the defendant may also make an admission in accordance with - 

    (a) rule 14.4 (admission of whole claim for specified amount of money);

    (b) rule 14.5 (admission of part of claim for specified amount of money);

    (c) rule 14.6 (admission of liability to pay whole of claim for unspecified amount of money); or

    (d) rule 14.7 (admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim).

    (4) Where the defendant makes an admission as mentioned in paragraph (3), the claimant has a right to enter judgment except where - 

    (a) the defendant is a child or patient; or

    (b) the claimant is a child or patient and the admission is made under rule 14.5 or 14.7.

(Rule 21.10 provides that, where a claim is made by or on behalf of a child or patient or against a child or patient, no settlement, compromise or payment shall be valid, so far as it relates to that person's claim, without the approval of the court)

    (5) The court may allow a party to amend or withdraw an admission.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

Period for making an admission
    
14.2  - (1) The period for returning an admission under rule 14.4 or for filing it under rules 14.5, 14.6 or 14.7 is - 

    (2) Paragraph (1) is subject to the following rules - 

    (3) A defendant may return an admission under rule 14.4 or file it under rules 14.5, 14.6 or 14.7 after the end of the period for returning or filing it specified in paragraph (1) if the claimant has not obtained default judgment under Part 12.

    (4) If he does so, this Part shall apply as if he had made the admission within that period.

Admission by notice in writing - application for judgment
    
14.3  - (1) Where a party makes an admission under rule 14.1(2) (admission by notice in writing), any other party may apply for judgment on the admission.

    (2) Judgment shall be such judgment as it appears to the court that the applicant is entitled to on the admission.

Admission of whole of claim for specified amount of money
    
14.4  - (1) This rule applies where - 

    (2) The defendant may admit the claim by returning to the claimant an admission in the relevant practice form.

    (3) The claimant may obtain judgment by filing a request in the relevant practice form and, if he does so - 

    (4) The claimant may specify in his request for judgment - 

    (5) On receipt of the request for judgment the court will enter judgment.

    (6) Judgment will be for the amount of the claim (less any payments made) and costs - 

(Rule 14.14 deals with the circumstances in which judgment under this rule may include interest)

Admission of part of a claim for a specified amount of money
    
14.5  - (1) This rule applies where - 

    (2) The defendant may admit part of the claim by filing an admission in the relevant practice form.

    (3) On receipt of the admission, the court will serve a notice on the claimant requiring him to return the notice stating that - 

    (4) The claimant must - 

within 14 days after it is served on him.

    (5) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until he files the notice.

    (6) If the claimant accepts the amount admitted in satisfaction of the claim, he may obtain judgment by filing a request in the relevant practice form and, if he does so - 

    (7) The claimant may specify in his request for judgment - 

    (8) On receipt of the request for judgment, the court will enter judgment.

    (9) Judgment will be for the amount admitted (less any payments made) and costs - 

(If the claimant files notice under paragraph (3) that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)

Admission of liability to pay whole of claim for unspecified amount of money
    
14.6  - (1) This rule applies where - 

    (2) The defendant may admit the claim by filing an admission in the relevant practice form.

    (3) On receipt of the admission, the court will serve a copy on the claimant.

    (4) The claimant may obtain judgment by filing a request in the relevant practice form.

    (5) If the claimant does not file a request for judgment within 14 days after service of the admission on him, the claim is stayed(GL) until he files the request.

    (6) On receipt of the request for judgment the court will enter judgment.

    (7) Judgment will be for an amount to be decided by the court and costs.




Notes


[10] 1974 c.39.back

[11] 1981 c.54. Section 35A was inserted by the Administration of Justice Act 1982 (c.53), section 15(1), Schedule 1, Part I.back

[12] 1984 c.28. Section 69 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 46.back

[13] 1982 c.27.back

[14] 1964 c.81.back

[15] 1968 c.48; 1981 c.9.back

[16] 1978 c.33.back



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