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3.5—(1) This rule applies where—
(a)the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and
(b)the party against whom the order was made does not comply with it.
(2) A party may obtain judgment with costs by filing a request for judgment if—
(a)the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and
(b)where the party wishing to obtain judgment is the claimant, the claim is for—
(i)a specified amount of money;
(ii)an amount of money to be decided by the court;
(iii)delivery of goods where the claim form gives the defendant the alternative of paying their value; or
(iv)any combination of these remedies.
(3) The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.
(4) A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply.
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