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The Civil Procedure Rules 1998

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Default judgment obtained by making an application

12.10  The claimant must make an application in accordance with Part 23 where—

(a)the claim is—

(i)a claim against a child or patient;

(ii)a claim in tort by one spouse against the other; or

(iii)a claim against the Crown.

(b)he wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—

(i)against a defendant who has been served with the claim out of the jurisdiction under RSC Order 11 r.1(2)(a) (service without leave under the Civil Jurisdiction and Judgments Act 1982(1));

(ii)against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory;

(iii)against a State;

(iv)against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964(2); or

(v)against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981(3).

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