The Civil Procedure Rules 1998

Conditions to be satisfied

12.3—(1) The claimant may obtain judgment in default of an acknowledgment of service only if—

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

(a) the defendant has filed an acknowledgment of service but has not filed a defence; and

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

(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—

(a) the defendant has applied for summary judgment under Part 24, and that application has not been disposed of;

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

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

(ii) the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay.

(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)