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Changes and effects yet to be applied to Rule 12.3:

  • rule 12.3(3)(c)(i)(ii) rule 12.3(3)(b)(i)(ii) renumbered as rule 12.3(3)(c)(i)(ii) by S.I. 2022/783 rule 10(1) (This amendment not applied to legislation.gov.uk. The paragraphs (i)(ii) to be renumbered were already contained within para (c))

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(ii) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 rule 4(b) words omitted by S.I. 2014/407 rule 39(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 rule 10(3) words omitted by S.I. 2014/407 rule 39(k)(iii) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 10(3))
  • Sch. 2 CCR Order 28 words omitted by S.I. 2014/867 rule 21(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words omitted by S.I. 2014/867 rule 22(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 27 rule 4(b) words substituted by S.I. 2014/407 rule 39(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. The words "by that chief executive" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 44)
  • rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
  • rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
  • rule 74.1(5)(h) inserted by S.I. 2024/595 rule 4(2)(b)
  • rule 74.4(7) inserted by S.I. 2024/595 rule 4(4)(b)

[F1Conditions to be satisfiedE+W

12.3.—(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—

(a)the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b)the relevant time for doing so has expired.

(2) Judgment in default of defence (or any document intended to be a defence) may be obtained only—

(a)where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;

(b)in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

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.)

(3) The claimant may not obtain a default judgment if [F2at the time the court is considering the issue]—

(a)the defendant has applied—

(i)to have the claimant’s statement of case struck out under rule 3.4; or

(ii)for summary judgment under Part 24,

and, in either case, that application has not been dealt with;

(b)the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;

(c)(i)the claimant is seeking judgment on a claim for money; and

(ii)the defendant has [F3admitted liability to pay all the money claimed but has requested time to pay]; or

(d)notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been dealt with.

(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.)]

Textual Amendments

F1Pt. 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

F2Words in rule 12.3(3) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 9

F3Words in rule 12.3(3)(c)(ii) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 5(1)

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