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(a) has failed to enter an appearance giving notice of intention to defend in accordance with Part 9; or

(b) has failed to file a defence in accordance with Part 10.

(2) Such a judgment is called a 'default judgment'.

12.2 (1) A claimant may not obtain default judgment where the claim -

(a) is a fixed date claim; or

(b) is an admiralty claim in rem; or

(c) a claim in probate proceedings. [? others]

(Rule 73.21 makes special provision for default judgment in admiralty cases for personal injury arising out of a collision between two ships)

(2) A claimant needs permission from the court if he wishes to obtain default judgment on any claim which is

(a) a claim against a State; or

(b) a claim against a minor or patient as defined in rule 2.3; or

(c) an action in tort brought by one party to a marriage against another; and

(d) probate proceedings.

(Part 58 deals with proceedings against the state; Part 23 deals with proceedings involving a minor or patient) ? others

12.3 At the request of the claimant the court must enter judgment for failure to enter appearance if -

(a) the court is satisfied that the claim has been served; and

(b) the period for entering an appearance has expired; and

(c) the defendant -

(i) has not served a appearance; or

(ii) has not filed a defence to the claim or any part of it; or

(iii) where the only claim is for a specified sum of money, apart from costs and interest, has not filed an admission of liability to pay all of the money claimed together with a request for time to pay it; or

(iv) has not satisfied the claim on which the claimant seeks judgment; and

(d) (where necessary) the claimant has permission to enter judgment.

4. At the request of the claimant the court must enter judgment for failure to defend if -

(a) the court is satisfied that the claim form and statement of case have been served; or

(b) an appearance has been entered; and

(c) the period for filing a defence has expired; and

(d) the defendant

(i) has not served a defence to the claim or any part of it; or

(ii) where the only claim is for a specified sum of money, has not filed or served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay it; or

(iii) has not satisfied the claim on which the claimant seeks judgment; and

(e) (where necessary) the claimant has the permission of the court to enter judgment.

12.5 A claimant obtains default judgment by filing a request (Form xx)

12.6 (1) The fact that the claimant also claims costs and interest at a specified rate shall not prevent a claim from being a claim for a specified sum of money.

(a) enter judgment under this part for the sum of money claimed together with interest at [6%] from the date of the claim to the date of entering judgment; or

(b) enter judgment for the sum of money claimed and for interest to be assessed.

(3) For the purpose of this Part and of rule 14.5 a claim for -

(a) the cost of repairs executed to a vehicle or any property in, on or abutting a road; or

(b) any other financial losses

claimed as a result of damage which it is alleged to have been caused in an accident as a result of the defendant's negligence shall be treated as a claim for a specified amount of money provided -

(i) that the amount of each item in the claim is specified; and

(ii) copies of receipted bills for the amounts claimed are attached to the claim.

12.7 (1) Default judgment shall be -

(a) on a claim for a specified amount of money - judgment for the payment of that amount at the time and rate specified in the request for judgment.

(b) on a claim for possession of land - judgment for possession on a date to be specified in the request.

(c) on a claim for an amount of money which is not specified - judgment for the payment of an amount to be decided by the court.

(d) on a claim for goods - either -

(i) judgment requiring the defendant either to deliver the goods or pay their

value as assessed by the court; or

(ii) judgment requiring the defendant to pay the value of the goods as assessed by the court; or

(iii) where the claim form specifies the value of the goods, judgment for that amount; or

(iv) if the court gives permission, a judgment requiring the defendant to deliver the goods without giving him the alternative of paying their assessed value.

(3) Where a claim is partly for a specified sum and partly for an unspecified sum the claimant may abandon the claim for the unspecified sum and enter default judgment for the specified sum.

(4) Default judgment where the claim is for some other remedy shall be a judgment for such judgment as the court considers the claimant to be entitled to.

12.8 (1) Default judgment shall include judgment for interest for the period claimed where -

(a) the claim includes a claim for interest, and

(b) the claim form or statement of case includes details of -

(i) the amount of interest claimed; and

(ii) the rate; and

(iii) the period for which it is claimed; and

(c) the rate at which interest is claimed is not higher than the rate of interest payable on judgment debts at the date of issue of the claim; and

(d) the request states the amount of interest to the date it was made.

(2) If the claim includes any other claim for interest, default judgment shall include judgment for an amount of interest to be decided by the court.

12.9 Default judgment gives a claimant a right to prescribed costs unless the court assesses the costs..

(Rule 62 sets out what are prescribed costs.)

12.10 Where default judgment is entered and a further decision of the court is needed under rule 12.7(1)(c) or (d) or rule 12.7(3) or rule 12.8(2), the court must give directions for the resolution of any outstanding matters.

(Part 16 deals with the procedure for assessment of damages.)

12.11 Unless he obtains an order for the judgment to be set aside, the only matters on which a defendant against whom a default judgment has been entered may be heard are -

(a) costs; and

(b) the time of payment of any judgment debt; and

(c) enforcement.

(Part 13 deals with setting aside or varying default judgments.)

12.12 (1) A claimant may obtain default judgment 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) a claimant makes a claim for money or a claim for delivery of goods against more than

one defendant; and

(b) the claimant alleges that the defendants are jointly liable; and

(c) default judgment is entered under rule 12.7(c) (claim for amount of money to be assessed by the Court) or 12.7(d) (claim for delivery of goods or for value of goods to be assessed by the Court) against one or more defendants; and

(d) the proceedings continue against any other defendant, the court may defer until the trial determination of the amount which a defendant against whom judgment has been entered under this Part is liable to pay.

(3) Where -

(a) the claimant applies for default judgment on any claim which is not a claim for money, a claim for recovery of goods or a claim for possession; and

(b) the claim is made against two or more defendants; and

(c) the claim against the defendant or defendants in default can be dealt with separately from the claim against the other defendants, the court may give default judgment against the defendant in default and the claimant may continue the proceedings against the other defendants.

(4) Where, in a claim to which paragraph (3) applies the court may not enter judgment against the defendant in default, the court must deal with any application for default judgment against that defendant at the same time as it disposes of the claim against the other defendants.

(5) Where -

(a) a claimant -

(i) claims an unspecified amount of money against more than one defendants; and

(ii) default judgment is entered against one or more of the defendants; and

(b) the claim continues against any other defendant,the court must defer until trial, unless it orders otherwise, determination of the amount of damages which a defendant against whom default judgment has been entered is liable to pay.

(6) Where a claim for possession of land is made against more than one defendant (with or without any other claim) the claimant may not enforce any judgment for possession entered under this Part against any one or more defendants until judgment is given for possession against all the defendants to the claim for possession.