Textual Amendments
F1Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
Modifications etc. (not altering text)
C1Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Textual Amendments
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.
[F3(3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if [F4the defendant] does not do so) pay the value of the goods as decided by the court (less any payments made).]
[F5(4)] The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.
[F6(5)] A party must make an application in accordance with Part 23 if [F7they wish] to obtain judgment under this rule in a case to which paragraph (2) does not apply.
Textual Amendments
F3Rule 3.5(3) inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 3(c)
F4Words in rule 3.5(3) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(c)(i); S.I. 2014/954, art. 2(a)
F5Rule 3.5(3) renumbered as rule 3.5(4) (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 3(a)
F6Rule 3.5(4) renumbered as rule 3.5(5) (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 3(b)
F7Words in rule 3.5(5) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(c)(ii); S.I. 2014/954, art. 2(a)
Commencement Information