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(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule) (3) The claimant may not obtain a default judgment if – (a) the defendant has applied – (i) to have the claimant’s statement of case struck out under rule 3.4; or (ii) for summary judgment under Part 24, and, in either case, 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; (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; or (d) notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.
(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay) (Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.) (Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.) Back to top 12.4 (1) Subject to paragraph (2), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for – (a) a specified amount of money; (b) an amount of money to be decided by the court; (c) delivery of goods where the claim form gives the defendant the alternative of paying their value; or (d) any combination of these remedies.
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